Gerberry v. Maricopa County

MEMORANDUM *

Plaintiff Chris Gerberry appeals the district court’s denial of his 42 U.S.C. § 1983 claim, and the defendants appeal the court’s decision that Gerberry was wrongfully terminated under A.R.S. § 23-1501(3)(c)(ii). We affirm in part and reverse in part. Because the district court found that Gerberry would have been terminated for a non-retaliatory reason even in the absence of the protected conduct, Gerberry’s claim must fail under either statute.

A § 1983 employment termination claim cannot succeed if the plaintiff-employee would have been terminated for a legitimate reason anyway.…