Brock v. Dunning
288 Neb. 909
| Neb. | 2014Background
- Brock, a Douglas County deputy sheriff, was terminated for untruthful conduct after a 2009 disciplinary process.
- He had previously alleged racial profiling by a K-9 unit supervisor and reported concerns to supervisors in 2001–2004.
- Brock’s termination occurred June 10, 2009; the Merit Commission affirmed the termination in 2010.
- In 2010 Brock filed this action alleging wrongful discharge in retaliation for workers’ compensation claims and three §1983 theories.
- The district court granted summary judgment on all claims, holding Brock failed to satisfy the Political Subdivisions Tort Claims Act and failed to prove triable §1983 issues.
- This appeal challenges those summary judgments as to both the PTCA-based bar and the §1983 theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brock’s tort claim is barred by notices under the PTCA | Brock argues timely written notice was not provided | Dunning/Douglas County contends notice deadline was met or cannot be met | Bar applies; claim barred under §13-919(1) |
| Whether there was a policy or custom supporting §1983 liability for property rights | Brock claimed a policy or custom deprived workers’ compensation rights | No official policy or continuing custom shown | No evidence of policy/custom; no §1983 liability |
| Whether Brock’s First Amendment retaliation claim is supported by protected speech | Speech about racial profiling was protected and causally linked to termination | Speech not sufficiently connected; same-decision defense applies | Protected speech established, but same-decision defense defeats liability |
| Whether Brock’s surveillance claim violated privacy under 14th Amendment due process | Surveillance was intrusive and violated privacy rights | Surveillance occurred in public places; no privacy violation | No violation; summary judgment for appellees on privacy claim |
Key Cases Cited
- Manning v. Dakota Cty. Sch. Dist., 279 Neb. 740 (Neb. 2010) (establishes Monell/Pembaur framework for municipal liability under §1983)
- Pembaur v. Cincinnati, 475 U.S. 469 (U.S. 1986) (local officials' liability requires official policy or final authority to establish policy)
- Monell v. New York City Dept. of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability requires official policy or widespread custom)
- Lane v. Franks, 134 S. Ct. 2369 (U.S. 2014) (public employee speaking as citizen on matter of public concern)
- Carney v. Miller, 287 Neb. 400 (Neb. 2014) (public concern balancing factors for employee speech)
- Cox v. Civil Serv. Comm. of Douglas Cty., 259 Neb. 1013 (Neb. 2000) (test for protected speech and balancing against employer interests)
- Jackson v. Morris Communications Corp., 265 Neb. 423 (Neb. 2003) (common-law tort of retaliatory discharge for workers’ comp claims)