Phil Jacobs v. Ken Kunes and County of Maricopa

Good Law
541 F.2d 222
United States Court of Appeals for the Ninth CircuitSeptember 14, 197675-3146California1,445 words

Opinion

Opinion

Choy, J.

Defendant Kunes is the County Assessor of Maricopa County, Arizona. His office assesses property, collects some taxes, and handles motor vehicle licensing. The plaintiffs were employed in the Assessor’s office.

Kunes, in response to customer comments, issued a memo requiring that male employees wear their hair cut above the collar. Three employees complied. When the plaintiffs did not, they were suspended and eventually fired.

Plaintiffs thereupon brought a Civil Rights Act, 42 U.S.C. § 1983 , action in federal district court under 28 U.S.C. § 1343 . They alleged violations of their first, ninth, and fourteenth (both equal protection and due process) amendment rights.

The district court dismissed the action on the merits, and for lack of exhaustion of administrative remedies.

Plaintiffs appeal. We affirm in part, reverse in part and remand in part.

Exhaustion

As the purpose of the administrative remedy provided by Ariz.Rev.Stat. § 11-356 and Maricopa County Merit System Rule (Merit Rule) 11 is to remedy, rather than forestall, a deprivation, plaintiffs were not required to exhaust it. V/hitner v. Davis, 410 F.2d 24 , 28-29 (9th Cir. 1969).

Substantive…

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