Barnes v. City of Omaha, No. 07-3942

By FindLaw Staff on July 31, 2009 | Last updated on March 21, 2019

In an employment termination dispute, district court judgment is affirmed where: 1) the Elkhorn collective bargaining agreement and not the Omaha collective bargaining agreement governed any potential employment agreement which existed between defendant and plaintiff Elkhorn police officers, as the city of Omaha succeeded to Elkhorn's contractual agreements to plaintiffs under the Elkhorn collective bargaining agreement when it annexed the city of Elkhorn; 2) the severance provision of the Elkhorn collective bargaining agreement prevented plaintiffs from possessing property interests in employment positions with defendant; and 3) plaintiff's termination did not give rise to a due process claim as plaintiffs had no legitimate claim of entitlement to employment with defendant.

Read Barnes v. City of Omaha, No. 07-3942

Appellate Information
Appeal from the United States District Court for the District of Nebraska.
Submitted: June 12, 2008
Filed: July 31, 2009

Judges
Before MELLOY, ARNOLD, and BENTON, Circuit Judges.
Opinion by MELLOY, Circuit Judge.