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Bishop v. Wood | 426 U.S. 341 (1976)
A police officer was fired, and the Supreme Court extinguished his hope of winning his lawsuit in Bishop versus Wood.
In Marion, North Carolina, Police Chief Wood recommended that the city manager terminate Officer Bishop’s employment. Bishop was a permanent employee without an employment contract. The manager fired Bishop and privately provided the reasons.
Bishop sued Wood and other officials, citing an ordinance that permitted termination for poor performance, negligence, inefficiency, or unfitness. According to Bishop, this gave him a constitutional right to employment, and he couldn’t be fired without a hearing.
In interrogatory answers, Wood provided reasons for the termination, including insubordination. Bishop and others provided affidavits disputing Wood’s answers. Wood moved for summary judgment, which the court granted. The judge cited a North Carolina Supreme Court case and reasoned that the ordinance didn’t give Bishop any rights to employment. Bishop appealed to the Fourth Circuit, which affirmed. The U.S. Supreme Court granted cert to consider whether the Fourteenth Amendment’s Due Process Clause provided property or liberty interests in Bishop’s employment.
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