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Barbara Ruth Demming v. Housing and Redevelopment Authority, of Duluth, Minnesota Donald Zeh, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn Helen Horral, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn Violet Griffith, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn Nora Hakala, Individually and as a Commissioner of the Housing and Redevelopment Authority of Duluth, Mn

Citations: 66 F.3d 950; 4 Am. Disabilities Cas. (BNA) 1593; 1995 U.S. App. LEXIS 27604Docket: 94-3674

Court: Court of Appeals for the Eighth Circuit; September 29, 1995; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by a former Executive Director against a summary judgment in favor of the Housing and Redevelopment Authority and its commissioners. The appellant claimed violations of her due process and equal protection rights under 42 U.S.C. § 1983 and discrimination under 42 U.S.C. § 1985, alongside state law claims. The Eighth Circuit affirmed the district court's judgment, holding that the appellant received adequate pretermination due process as per Cleveland Board of Education v. Loudermill, having been informed of performance concerns and given an opportunity to respond. The court found no genuine issues of material fact, supporting the summary judgment. The appellant's Rehabilitation Act claims were dismissed due to insufficient evidence of disability or discrimination related to her medical condition. Additionally, the court did not find jurisdiction over state law claims, focusing on the federal issues. Ultimately, the court held that procedural due process was satisfied, and discrimination claims lacked evidentiary support, confirming the summary judgment for the Housing Authority.

Legal Issues Addressed

Discrimination under 42 U.S.C. § 1985

Application: The court dismissed Demming's discrimination claims under 42 U.S.C. § 1985 for lack of evidence supporting discrimination or failure to accommodate her needs.

Reasoning: Her claim under 42 U.S.C. Sec. 1985 also lacked support in the record, as there was no evidence of discrimination or failure to accommodate her needs.

Due Process under 42 U.S.C. § 1983

Application: The court found that adequate pretermination due process was provided to the appellant, consistent with the requirements established in Cleveland Board of Education v. Loudermill.

Reasoning: Demming had been afforded the necessary notice and opportunity to respond, justifying the summary judgment in favor of the Housing Authority.

Jurisdiction over State Law Claims

Application: The district court declined to exercise jurisdiction over Demming's state law claims, focusing instead on the federal claims presented.

Reasoning: The district court dismissed her equal protection claim and declined to take jurisdiction over her state-law claims.

Property Interest in Employment

Application: The court recognized that Demming had a property interest in her job and addressed whether she received due process before termination.

Reasoning: The court found that although Demming had a property interest in her job, she received sufficient pretermination due process.

Rehabilitation Act Claims

Application: Demming's claims under the Rehabilitation Act were rejected due to her failure to establish her status as an individual with a disability.

Reasoning: Demming claims discrimination based on her disability in violation of the Rehabilitation Act... The district court found that Demming failed to demonstrate her thyroid cancer limited her daily activities.

Standard of Review for Summary Judgment

Application: The Eighth Circuit reviewed the district court's summary judgment decision de novo, affirming the absence of genuine material facts warranting a trial.

Reasoning: The court reviewed the summary judgment decision de novo, affirming that no genuine material facts existed that would prevent a judgment in favor of the moving party.