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· 5/1/1991

Larry Wheaton v. Freddye Webb-Petett, Administrator, Adult and Family Services Division of the State of Oregon

Citations

  • 931 F.2d 613
  • 91 Daily Journal DAR 4987
  • 91 Cal. Daily Op. Serv. 3135
  • 1991 U.S. App. LEXIS 7867

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that state employee had a constitutionally protected property interest in not being demoted where statute protects against dismissal except for cause
  • holding that “charges of 2 incompetence or inability to get along with others do not” implicate a liberty interest
  • plaintiffs remarks were unsupportive of his superiors and a new program he was charged with implementing
  • “Typically, permanent and classified employees have been held to have property interests, while probationary and nonclassified employees have not.” (citation omitted)
  • Oregon law creates property interest by stating that employee would be removed only if he was “unable or unwilling to fully and faithfully perform the duties of the position satisfactorily”
  • some type of hearing required before employee is deprived of constitutionally-protected property interest

Source: CourtListener parenthetical corpus (CC0).

Judges: Browning, Farris, Wright

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.