From Casetext: Smarter Legal Research

Morey v. Independent School District 492

United States Court of Appeals, Eighth Circuit
Aug 26, 1970
429 F.2d 428 (8th Cir. 1970)

Opinion

No. 20005.

August 26, 1970.

Appeal from the United States District Court, District of Minnesota, First Division; Miles W. Lord, Judge.

John P. Walbran, of Walbran Walbran, Owatonna, Minn., for appellant; William E. Falvey, of Hagglund Johnson, Minneapolis, Minn., on the brief.

Raymond B. Ondov, of Alderson, Catherwood Ondov, Austin, Minn., for appellees; Miles B. Zimmerman, of Farrish, Zimmerman, Johnson Manahan, Mankato, Minn., on the brief.

Before VOGEL, HEANEY and BRIGHT, Circuit Judges.


Plaintiff, Edith Morey, brought this action for damages against defendants, Independent School District 492 and its individual board members, basing her complaint on 42 U.S.C.A. § 1983, claiming failure to reimburse her for usual and customary scheduled salary increases and also defamation of character and exemplary damages. In an opinion granting defendants' Rule 12 motion for dismissal, Judge Lord carefully and adequately demonstrated why plaintiff was not entitled to recover in this action. His opinion, which we adopt on appeal, is published as Morey v. Independent School District #492, et al., D.C.Minn., 1969, 312 F. Supp. 1257.

Affirmed.


Summaries of

Morey v. Independent School District 492

United States Court of Appeals, Eighth Circuit
Aug 26, 1970
429 F.2d 428 (8th Cir. 1970)
Case details for

Morey v. Independent School District 492

Case Details

Full title:Edith MOREY, Plaintiff-Appellant, v. INDEPENDENT SCHOOL DISTRICT 492 et…

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 26, 1970

Citations

429 F.2d 428 (8th Cir. 1970)

Citing Cases

Walker v. Rabern

"Damages for defamation are not recoverable under § 1983 because a defamed person has not been deprived of…

Stucky v. Loepp

The MOSC found that Plaintiff had not stated an actionable claim. “Damages for defamation are not recoverable…