Legal Opinion
Finck v. City of Tea
South Dakota Supreme Court
Decided June 28, 1989No. 16350, 16353PublishedCited by 28 opinions
1Opinion of the Court
MILLER, Justice.
In this opinion we uphold the termination of a municipal chief of police and hold (1) that the mayor had the statutory power to terminate the chief of police; (2) that it is mandatory to serve a notice upon a public entity before a tort claim may be filed against it; and (3) that a statement made concerning the chief of police by a councilman was not slanderous as a matter of law.
PROCEDURAL HISTORY
Kevin Finck (Finck) was fired as police chief for the City of Tea (City) and thereafter brought an action against City and its mayor and councilmen alleging wrongful termination,…
2Cases cited13 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
- Jerome R. Lewis v. Time IncorporatedCourt of Appeals for the Ninth Circuit · 1983
- Breen v. Dakota Gear & Joint Co., Inc.South Dakota Supreme Court · 1988
- Blote v. First Federal Savings & Loan Ass'n of Rapid CitySouth Dakota Supreme Court · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Huegerich v. IBP, Inc.Supreme Court of Iowa · 1996
- Wolff v. Secretary of the South Dakota Game, Fish & Parks DepartmentSouth Dakota Supreme Court · 1996
- Wilson v. HoganSouth Dakota Supreme Court · 1991
- Brandt v. County of PenningtonSouth Dakota Supreme Court · 2013
- Smith v. NevilleSouth Dakota Supreme Court · 1995
23 more not listed; retrieve them via the Exa API.