651 F.2d 334 (5th Cir. 1981), 80-5423, Weisbrod v. Donigan
|Citation:||651 F.2d 334|
|Party Name:||Sondra WEISBROD, Plaintiff-Appellant, v. Virginia DONIGAN, individually and as an employee of the State of Florida, Department of Health and Rehabilitative Services, et al., Defendants-Appellees.|
|Case Date:||July 20, 1981|
|Court:||United States Courts of Appeals, Court of Appeals for the Fifth Circuit|
Patterson & Traynham, Jerry G. Traynham, Tallahassee, Fla., for plaintiff-appellant.
Chester G. Senf, Asst. Gen. Counsel, Dept. of HRS, Tallahassee, Fla., for Donigan & HRS.
Pamela L. Lutton, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for Florida Career Service Com'n, Leiby, Chapman & Quigley.
Appeal from the United States District Court for the Northern District of Florida.
Before MORGAN, RONEY and KRAVITCH, Circuit Judges.
Sondra Weisbrod addressed police, who were arresting her on a bench warrant, in profane terms, a word usage which is apparently not rare. 1 Her supervisor first suspended her pending an investigation and then discharged her from a position with the Florida Department of Health and Rehabilitative Services, on the ground that such conduct was unbecoming an agency employee. The discharge, confirmed by the Florida Career Service Commission, was set aside by a Florida court because the conduct was unrelated to Weisbrod's employment. The court ordered reinstatement, back pay and attorney's fees. Weisbrod v. Florida Career Service Commission and Department of Health and Rehabilitative Services, 375 So.2d 1102 (Fla.App.1979).
Not satisfied with this relief, Weisbrod pursued this previously-filed action under 42 U.S.C.A. § 1983 against supervisor Virginia Donigan, the agency, and the Florida Career Service Commission and its members who decided the administrative appeal against her. Asserting a First Amendment claim for violation of her right to free speech and due process claims for failure to provide a pretermination hearing and a nine-month delay in handling her administrative appeal, Weisbrod sought damages for emotional stress and injury to her reputation.
On cross-motions for summary judgment, the district court ruled in favor of the Commission and the agency on the ground they were improper parties. Alabama v. Pugh, 438 U.S. 781, 98 S.Ct. 3057, 57 L.Ed.2d 1114 (1978). It also held the supervisor and the Commission members were protected from suit under...
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