Boreen v. Christensen

This is an appeal from an order of the First Judicial District Court, Lewis and Clark County, dismissing the complaint of plaintiffiappellant Katharine S. Boreen (Boreen) alleging constructive discharge from her employment and violations of 42 U.S.C. §§ 1983 (§ 1983) and 1988. We reverse and remand.

The sole issue on appeal is whether the District Court erred in dismissing Boreen’s complaint for failure to state a claim on which relief can be granted because she did not have a property interest in her employment and, therefore, no due process rights under the Fourteenth Amendment.

FACTUAL…