Cathy Havener Greer Wins Appeal in Employment Lawsuit

IADC member Cathy Havener Greer of Wells Anderson & Race, LLC won an appeal at the Tenth Circuit Court of Appeals of an employment lawsuit brought against Ouray County, Colorado and the physician who served as Medical Director for the County's Emergency Medical Service. The lawsuit, brought by a former emergency medical technician of the County, alleged that the Board of County Commissioners and the Medical Director had violated the former employee's 14th Amendment due process rights and had infringed on his property and liberty interests. The employee had initiated a quality audit of the medical services provided during the transport of an infant to a hospital. After learning of the audit, the Medical Director, who was also the supervisor of the technician, removed the technician from the work schedule and forced him to accelerate his previously scheduled retirement date. The District Court granted the Motion to Dismiss filed by Ms. Greer, finding that the former employee did not have a property interest in continued employment with the County and that no liberty interest was implicated. The Court also declined to exercise supplemental jurisdiction over a plaintiff's state law claims. The former employee appealed. A panel of the Tenth Circuit affirmed the District Court order.