Bramblet v. City of Columbia, MO, No. 15-3244 (8th Cir. 2016)
Annotate this CasePlaintiff, a former police captain, filed suit against the City and city officials under 42 U.S.C. 1983, alleging that the City violated her constitutional right to due procedural process in violation of the Fourteenth Amendment by terminating her employment. The district court granted in part and denied in part defendants' motion for summary judgment. The district court denied the defense of qualified immunity asserted by Chief Burton in response to plaintiff's procedural due process claim. Chief Burton appealed. The court concluded that it lacked jurisdiction to review the denial of qualified immunity because genuine issues of material fact exist regarding Chief Burton's role in the termination of plaintiff. Accordingly, the court dismissed the appeal.
Court Description: Smith, Author, with Gruender and Benton, Circuit Judges] Civil case - Civil rights. In action alleging plaintiff was fired in violation of her rights to procedural due process, the Chief of Police was not entitled to qualified immunity, as there were genuine issues of material fact regarding the Chief's role in plaintiff's termination, and the court lacks jurisdiction to review the denial of qualified immunity; appeal dismissed for lack of jurisdiction.
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