Hill v. Borough of Kutztown

455 F.3d 225 (2006)

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Hill v. Borough of Kutztown

United States Court of Appeals for the Third Circuit
455 F.3d 225 (2006)

RW

Facts

The Borough of Kutztown, Pennsylvania (borough) (defendant) employed Keith Hill (plaintiff) as its borough manager. The borough’s mayor, Gennaro Marino (defendant), repeatedly denounced Hill in public. Marino’s campaign against Hill so harassed Hill and impugned Hill’s integrity that Hill resigned. Hill sued the borough and Marino in federal court. Hill claimed that he was constructively discharged from his position in violation of Hill’s state and federal rights, including Hill’s rights under 42 U.S.C. § 1983. The district court refused to hear Hill’s state-law claims and dismissed Hill’s other charges, holding that Hill, as an at-will employee, had no property interest in retaining his job and, therefore, could not assert a liberty interest in protecting his reputation against defamation. Hill appealed to the Third Circuit Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Garth, J.)

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