· 7/14/1987
William P. Jungels v. David Pierce, in His Official Capacity as Mayor of the City of Aurora, and City of Aurora
Citations
- 825 F.2d 1127
- 1987 U.S. App. LEXIS 10232
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “nothing was added” when plaintiff sued the mayor in his official capacity as well as the city because such official-capacity suits duplicate claims against the government entity
- noting that in a suit against a city and its mayor, “nothing was added by suing the mayor in his official capacity” because “the city is liable for the official actions of its senior policy-making official”
- finding that the complaint failed to state a cause of action for deprivation of a liberty interest since the “principle does not reach a case where the employee is fired from a part-time, honorific job while retaining the employment that gives him his livelihood”
- employer can fire an employee under the Pickering standard if the employee’s speech “interferes unduly with the mission of his employer”
- “Actually there is one defendant-the city-not two: for the complaint names the mayor as a defendant in his official capacity only, which is equivalent of suing the city.” (citations omitted)
- dismissing official-capacity claims against a municipal officer in similar circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Fairchild
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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