Legal Opinion
Marcellino Pena v. Bob Kindler
Court of Appeals for the Eighth Circuit
Decided July 20, 2017No. 16-2756PublishedCited by 3 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
Marcellino. Pena, a former Freeborn County Assistant Jail Administrator, appeals the district court’s 1 adverse grant of summary judgment on claims related to his termination. Specifically, he appeals as to a 42 U.S.C. § 1983 procedural due process claim and as to a Minnesota statutory claim arising under the Peace Officer Discipline Procedures Act, Minnesota Statutes § 626.89 (“PODPA”). 2
Regardless of whether Pena held a constitutionally protected interest in his employment, we conclude the process surrounding his termination satisfied the Due Process Clause. Further,…
2Cases cited9 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- State v. RickSupreme Court of Minnesota · 2013
- John Schleck and Robert Kraft v. Ramsey County, Suzanne Alliegro, Michael Moriarity and Kathleen MahoneyCourt of Appeals for the Eighth Circuit · 1991
- TRANSCONTINENTAL INSURANCE COMPANY, — v. W.G. SAMUELS COMPANY, INC., a KANSAS CORPORATION, — EXCELSIOR SPRINGS SCHOOL DISTRICT, DISTRICT NO. 40Court of Appeals for the Eighth Circuit · 2004
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3Cited by3 opinions
- Central Specialties, Inc. v. Jonathan LargeCourt of Appeals for the Eighth Circuit · 2021
- Nagel v. City of JamestownUnited States District Court · 2018
- Monique Annette Doward v. City of Kettle River; David Lucas, Mayor of Kettle River, in his individual and official capacities; Kathy Lake, City Clerk of Kettle River, in her individual and official capacities; Sarah Sonsalla, City Attorney for Kettle River, in her individual and official capacities; and Advanced Utility SolutionsDistrict Court, D. Minnesota · 2026