Danny Thomas v. Dennis Douglas, and Clarence Dupnik, Pima County, Arizona

Danny Thomas timely appeals from a grant of summary judgment in favor of his employer, Pima County, and a county employee, Sheriff Charles Dupnik. Thomas contends that the district court erred in awarding summary judgment because genuine issues of material fact exist as to whether appellees' refusal to transfer him, and his continued placement at the Pima County Sheriff’s Department substation in Ajo, Arizona, constituted: (1) a violation of his first amendment right of freedom of expression under 42 U.S.C. § 1983 , (2) wrongful constructive discharge and (3) intentional infliction of emotional distress.

I

Danny Thomas was employed by the Pima County Sheriff’s Department (“the Department”) from 1973 through June 1983, when he resigned for reasons unrelated to this action. Thomas was rehired by the Department in January 1984 and was temporarily assigned to the Ajo substation until a replacement deputy was hired and trained through the Department’s Academy. A replacement was hired on February 12,1984, but left on February 20 because he did not complete the academy. In April, 1984, two new Deputy Sheriff candidates were hired and began their training at the academy. Thomas learned…