by the United States Court of Appeals for the Eighth Circuit

Name: Simpson v. Weeks, 570 F.2d 240 (8th Cir. 1978)
Author: by the United States Court of Appeals for the Eighth Circuit

Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

Summary

“Simpson v. Weeks, 570 F.2d 240 (8th Cir. 1978)”, published in 1978 | noyear, is a work by by the United States Court of Appeals for the Eighth Circuit. It explores elements such as Parkman, Simpson and Weeks.

Quotes from Simpson v. Weeks, 570 F.2d 240… (by the United States Court of Appeals for the Eighth Circuit)

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ The doctrine of civil conspiracy extends liability for a tort, here the deprivation of constitutional rights, to persons other than the actual wrongdoer, W. Prosser, The Law of Torts § 46 at 293 (4th ed. 1971) , but it is the acts causing damage to the plaintiff that give rise to liability for damages, not the conspiracy itself. "The damage for which recovery may be had in a civil action is not the conspiracy [*243] itself but the injury to the plaintiff produced by specific overt acts. ”

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Source: Wikisource

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ The general rule as to punitive damages, repeatedly found in the reported cases, is that they may be imposed if a defendant has acted wilfully and in gross disregard for the rights of the complaining party. Since such damages are punitory and are assessed as an example and warning to others, they are not a favorite in law and are to be allowed only with caution and within narrow limits. ”

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Source: Wikisource

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ The record establishes that Weeks and his assistant, Terry, jointly and individually acted to deprive Simpson of his civil rights. Terry was fully cognizant of Weeks' vendetta against Simpson and acted on his own initiative and in bad faith in several instances to further the conspiracy. The evidence that both Weeks and Terry acted in bad faith and with malice in depriving Simpson of his civil rights is strongly supported in the record. ”

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Source: Wikisource

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ The problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees. ”

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Source: Wikisource

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ Attorney fees were also awarded. We affirm the judgment against the defendants Gale Weeks and John C. Terry and vacate the judgment against Forrest H. Parkman.
The defendants raise several issues on appeal which we will discuss seriatim.
Exhaustion of Administrative Remedies.
The defendants contend that Simpson failed to exhaust his administrative remedies since an appeal of the transfer and ratings to the city's Civil Service Commission was said to have been available. We disagree. It is well settled that exhaustion of administrative remedies is not a prerequisite to a suit under § 1983. ”

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Source: Wikisource

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ Defendants next assert that plaintiff has failed to state a claim for relief in that the alleged impairment of free speech is not cognizable under § 1983. We again disagree. See, e. g., Police Department v. Mosley, 408 U.S. 92, 92 S.Ct. 2286, 33 L.Ed.2d 212 (1972) ; Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965) ; Kannisto v. San Francisco, 541 F.2d 841 (9th Cir. 1976) , cert. denied, 430 U.S. 931, 97 S.Ct. 1552, 51 L.Ed.2d 775 (1977) . The fact that plaintiff is a public employee does not relegate him to a "watered-down version of constitutional rights." ”

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Source: Wikisource

by the United States Court of Appeals for the Eighth Circuit, Simpson v. Weeks, 570 F.2d 240… (1978 | noyear)

“ University of Missouri, 558 F.2d 848, 857 (8th Cir. 1977) . Thus, the award of attorney fees was proper. Similarly plaintiffs are entitled to a reasonable fee on appeal. See Williams v. Anderson, supra; Allen v. Transit Union Local 788, 554 F.2d 876, 884 (8th Cir.) , cert. denied, ___ U.S. ___, 98 S.Ct. 266, 54 L.Ed.2d 176 (1977) . We find a reasonable attorney fee for processing the appeal to be $750.00.
The judgment against Weeks and Terry is affirmed; the judgment against Parkman is reversed and vacated.
↑ Chief Weeks later conceded that Simpson had not spoken with Richard Mays. ”

by the United States Court of Appeals for the Eighth Circuit

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Quotes from Simpson v. Weeks, 570 F.2d 240… (by the United States Court of Appeals for the Eighth Circuit)

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