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Brock v. Dunning

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Thursday, May 1, 2014

S-13-0647, David Brock (appellant) v. Tim Dunning, individually and in his official capacity as Douglas County Sheriff, and Douglas County

Douglas County, Judge W. Mark Ashford

Attorneys: Bruce G. Mason (Appellant) -- Donald Kleine/Bernard Monbouquette (County Attorney)

Civil: retaliatory discharge action

(1) He alleged that in retaliation for his having filed a workers’ compensation claim, the

Proceedings below: The court granted summary judgment to Dunning and Douglas County on both claims and dismissed Brock’s complaint in all respects.

Issues: Whether the court erred as follows:

(1) Concluding that there were no genuine issues of material fact and that Dunning and the county were entitled to judgment as a matter of law;

(2) Concluding that under his § 1983 action, Brock was required to exhaust his administrative remedies by filing notice of his claims under the Political Subdivisions Tort Claims Act;

(3) Finding no official custom, practice, or policy of obstructing, delaying, denying, and terminating Brock in retaliation for exercising his rights under the Workers’ Compensation Act;

(4) Finding that Brock’s employment was terminated for a legitimate, non-pretextual reason in reliance on an administrative decision that the court erroneously concluded was res judicata in Brock’s section 1983 action; and

(5) Finding that Brock’s reports of racial profiling by the supervisor of the sheriff’s K-9 unit was not protected speech.

This page was last modified on Friday, May 2, 2014