Marilyn Hollister v. John Forsythe, a Public Officer Rosebud County, a Montana Political Subdivision
Opinion
Opinion
Canby, J.
Opinion by Judge CANBY.
Marilyn Hollister appeals the district court’s grant of summary judgment in favor of defendants John Forsythe and Rosebud County on her claim under 42 U.S.C. § 1983 alleging that she was dismissed from her secretarial job in violation of her constitutional right to due process. Because under Montana law she had no property interest in the job, and hence there was no constitutional violation, we affirm.
BACKGROUND
On November 30, 1990, Rosebud County Attorney John Forsythe (appellee) advised Hollister that her employment as a legal secretary in his office — a job she had held for approximately ten years — would be terminated effective Friday, January 4, 1991. He gave no reasons for the decision. In response, Hollister contacted the Rosebud County Board of Commissioners, which advised her to report to work on Monday, January 7, despite her purported discharge. Hollister arrived at work, but Forsythe asked her to leave, refusing to discuss the firing. When Hollister said she would not leave without something in writing, Forsythe instructed his secretary to type a letter saying only, “Please leave the office immediately.”