Hill v. StateAnnotate this Case
The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals affirming the judgment of the district court granting summary judgment for Defendants and dismissing Plaintiff's complaint alleging that his transfer was retaliatory, holding that the common-law tort of retaliation may be premised on an employer's action short of dismissal or demotion.
Plaintiff, a Kansas Highway Patrol (KHP) trooper, alleged that the KHP retaliated by requiring him to move across the state to keep his job after the Kansas Civil Service Board ordered the agency to reinstate him to work. The district court granted summary judgment for Defendants. The court of appeals affirmed, although the lower courts disagreed as to inquiries at issue on this appeal. The Supreme Court reversed in part and remanded the case, holding (1) common-law retaliation may be premised on the involuntary job relocation alleged in this case; (2) sovereign immunity did not bar Plaintiff's claim; but (3) there were genuine issues of material fact precluding summary judgment.