Legal Opinion

Potkay v. Ament

District Court, E.D. Wisconsin

Decided July 24, 2014No. Case No. 14-C-0181Published

1Opinion of the Court

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER AND .PRELIMINARY INJUNCTION (DOC. 4)

C.N. CLEYERT, JR., District Judge.

This case brings to mind the old adage: “If it looks like a duck and quacks like a duck, it’s probably a duck.” Here, the defendants argue that Mayor David Ament’s termination of Tamara Potkay’s employment as Director of Human Resources for the City of New Berlin was a permissible layoff pursuant to a “mini reduction in force” (a “mini-RIF”), but the termination looks and sounds like a firing in violation of civil service rules —…

2Cases cited25 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Gomez v. ToledoSupreme Court of the United States · 1980
  4. Elizabeth C.O. Bellaver v. Quanex Corp./nichols-HomeshieldCourt of Appeals for the Seventh Circuit · 2000
  5. John A. Reed, Gerald G. Kaluzny, and Rbk, Ltd. v. Village of ShorewoodCourt of Appeals for the Seventh Circuit · 1983

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