Botefur v. City of Eagle Point, Oregon

7 F.3d 152 8 IER Cases 1546 David B. BOTEFUR, Plaintiff-Appellant, v. CITY OF EAGLE POINT, OREGON, a municipal corporation and political subdivision of the State of Oregon; Leon Sherman, an individual; Steven Jenny, an individual, Defendants-Appellees. No. 92-35261. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided Oct. 7, 1993. Jeffrey J. Bennett, Fountain Rhodes, Portland, OR; Jeffrey H. Boiler, Eugene, OR, for plaintiff-appellant. Janet M. Schroer, Hoffman, Hart & Wagner, Portland, OR, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: GOODWIN, FARRIS, and THOMPSON, Circuit Judges. FARRIS, Circuit Judge: 1 David Botefur appeals the district court's dismissal of his civil rights action against the City of Eagle Point, its mayor, and its chief of police. Botefur alleged that his employment with the City was terminated in violation of his constitutional rights. The district court held that Botefur's failure to tender to the City consideration he received pursuant to a valid release agreement precluded him from bringing a civil rights action based on the conduct for which the City…