Lillehaug v. City of Sioux Falls

JOHN R. GIBSON, Circuit Judge.

Dr. Leland Lillehaug, bandmaster of the City of Sioux Falls, appeals the dismissal of his claims brought against the City of Sioux Falls under 42 U.S.C. § 1983 (1982). He argues that City officials violated his constitutional right to due process when, having determined that he was being overpaid, they unilaterally reduced his salary and recouped past overpayments through additional salary deductions. The district court1 concluded that as an appointive officer whose employment was subject to termination without cause, Lillehaug had no constitutionally protectable…