Paula Gabe v. The County of Clark

Appellant, Paula Gabe, filed this action against appellee, Clark County, Nevada, under 42 U.S.C. § 1983 , alleging a denial of due process in the termination of her employment. Following a hearing the district court granted summary judgment in favor of Clark County and dismissed the action. We reverse and remand.

On June 7, 1971, Paula Gabe was employed by the appellee in the Clark County Clerk’s office. On September 20, 1976, she transferred from her job as court clerk to become legal secretary to Judge Keith Hayes of the Eighth Judicial District.

There is no dispute that during Gabe’s tenure in the Clerk’s office she was entitled to all the normal rights of a merit employee. These rights included the due process protection of notice and hearing upon employment termination, under provision of Nevada law. Additionally, upon termination, employees are entitled to priority consideration for lateral transfer to another County job. It is also undisputed that at the time she became Judge Hayes’ legal secretary, the plaintiff’s status as a full County employee remained unchanged.

On April 3,1978, the Personnel Manual of the Eighth Judicial District was adopted by that court. Rule 7.1…