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2 F. App'x 684

Caleb Brunson v. Randy Morgan

U.S. Courts of Appeals

Decided March 13, 2001

U.S. Courts of Appeals · decided 2001-03-13

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Labickas v. Arkansas State University · Roark v. City of Hazen · H. G. Pugh & Co. v. Ahrens

Decided 2001-03-13

PER CURIAM.

¶1 Caleb Brunson, a former employee of the Arkansas Department of Correction (ADC), appeals the District Court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 suit against three ADC officials. Plaintiff alleged that defendants violated his constitutional rights and state law by terminating him based on false charges without a fair hearing. Upon de novo review of the record before the District Court, we agree with the Court that, as an at-will employee, see Ball v. Ark. Dep’t of Cmty. Punishment, 178 Ark. 230, 10 S.W.2d 873, 876 (Ark.2000), plaintiff did not have a liberty or property interest in his employment and thus could not state a section 1983 claim against defendants, see Rogerson v. Hot Springs Adver, and Promotion Comm’n, 237 F.3d 929, 930-32 (8th Cir.2001); Roark v. City of Hazen, 189 F.3d 758, 761 (8th Cir.1999). The District Court did not abuse its discretion in declining to exercise supplemental jurisdiction over plaintiffs state law claims, but we modify the dismissal of those claims to be without prejudice. See Labickas v. Ark. State Univ., 78 F.3d 333, 334 (8th Cir.1996) (per curiam).

¶2 Accordingly, we affirm. See 8th Cir. R. 47B.

1

¶3 . The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas.

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