Anthony J. SAMARZIA, Plaintiff-Appellant, v. CLARK COUNTY, Defendant-Appellee

Anthony Samarzia, a former Clark County court employee, appeals a directed verdict for the County in his age discrimination and section 1983 action arising out of the County’s decision to eliminate his position in response to a budget cutback. Sa-marzia, 62 at the time of his termination, contends that his layoff resulted from impermissible age discrimination and also that his layoff was a sham that violated his right to due process. We affirm in part and reverse in part.

BACKGROUND

Samarzia was hired by the County on June 16, 1977. Beginning in 1980, he became a permanent employee, subject to the County’s merit protection rules and regulations, working as a Court Intake Officer in the Pretrial Services Department, which was part of the District Court Division. Anna Petersen was the Administrator of the District Court, and Jerry Phillips, Director of the Department, was Samarzia’s supervisor.

In August, 1983, the County was forced to reduce its staff due to a rollback in property taxes. The County effected the reduction in force in conformity with its merit rules and regulations, specifically Article 12 of the Bargaining Agreement between the County and its public employees…