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eBook details

• Title: Town of Upton v. Whisler
• Author : Supreme Court of the United States
• Release Date : January 10, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

There are two primary issues to be resolved in this case involving the discharge of Leonard Whisler (Whisler) from the appointive office of municipal judge by the Town of Upton (Upton). The first question is whether Whisler had the requisite property interest in the office of municipal judge so that he enjoyed a constitutional right to be afforded due process of law prior to discharge from that office. Specifically, the due process right would relate to the opportunity for a pre-termination hearing that was not conducted in this case. The second question to be resolved, assuming that there was a denial of a constitutional right enjoyed by Whisler, is whether he can maintain, pursuant to 42 U.S.C. § 1983, an action to recover damages for injuries that he suffered, including emotional distress. The district court ruled, as a matter of law, that Whisler was possessed of the requisite property right in the office of municipal judge so as to entitle him to due process of law. In a trial to a jury, the verdict disclosed the jurys finding that Upton had good cause to discharge Whisler, but it did find damages for emotional distress in favor of Whisler because of the denial of his right to due process. We agree with the ruling of the district court with respect to the possession of property right as a matter of law, and we affirm the judgment in Whislers favor based upon the verdict of the jury. In response to the request by Whisler, we also rule that Whisler is entitled to attorney fees and costs in connection with this appeal.

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