Legal Opinion · Dissent

Kemp v. State Board of Agriculture

Supreme Court of Colorado

Decided December 10, 1990No. 89SC696Published

1DissentMullarkey, Justice

Although I agree with the majority’s formulation of the four-step analysis used to examine Kemp’s First Amendment claim, I do not agree with the application of that test to the facts of this case. In addition, I would address Kemp’s due process claims and hold that CSU’s actions violated Kemp’s procedural due process rights. Accordingly, I respectfully dissent.

In this case Kemp alleged that she suffered racial and sexual discrimination both at work and during the grievance procedure. Kemp’s husband wrote a letter to Senator Armstrong in connection with Kemp’s complaint of racial and sexual…

2Cases cited6 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  3. Givhan v. Western Line Consolidated School DistrictSupreme Court of the United States · 1979
  4. Department of Health v. DonahueSupreme Court of Colorado · 1984
  5. Patterson v. CroninSupreme Court of Colorado · 1982

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