Jones v. Hopper

SETH, Circuit Judge,

with whom HOLLOWAY, Circuit Judge, joins (dissenting) :

This ease comes to us on the dismissal of plaintiff’s complaint for failure to state a claim. The majority has held that the complaint is legally insufficient because the plaintiff has asserted no “right” or “interest” to be protected by the Constitution. I must disagree because in my opinion the allegations are sufficient under the decisions of the Supreme Court for the case to be brought to trial.

The complaint describes plaintiff’s two contracts of employment each for a year and asserts an expectancy of continued…