Breyfogle v. Braun

MESCHKE, Justice.

Mark C. Breyfogle appealed from an order dismissing, with prejudice, his action against the six members of the executive committee of the Protection and Advocacy Project, the director of the Project, and his supervisor, all in their official capacities, as well as against Arlene Wegner-Flaten personally and as an employee of the Project. The dismissal order was based on Breyfo-gle’s failure to timely answer a motion to dismiss. We reverse and remand for consideration of the merits of the motion.

In September 1988, Breyfogle was discharged as an employee of the Project. On…