Grusendorf_v_Oklahoma_City

Grusendorf_v_Oklahoma_City - 1 Greg Grusendorf...

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Greg Grusendorf, Plaintiff-Appellant, v. City of Oklahoma City, a municipal corporation; Jimmy R. Catledge, Fire Chief, City of Oklahoma City; Paul Benson, Assistant Fire Chief, City of Oklahoma City and John D. Parasich, Assistant Training Officer, City of Oklahoma City, Defendants-Appellees No. 85-1807 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT *816 F.2d 539;* 1987 U.S. App. LEXIS 5133; 2 I.E.R. Cas. (BNA) 51 April 17, 1987, Filed *PRIOR HISTORY:* [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (CIV-85-124-E). Plaintiff-Appellant. Diane Davis Huckins, Assistant Municipal Counselor (Robert D. Allen, Municipal Counselor, with her on the brief), Attorney for Defendant-Appellee. Richard C. Smith, Assistant Municipal Counselor, Attorney for Defendants-Appellees, Catlege, Benson and Parasich. *JUDGES:* Barrett and Tacha, Circuit Judges, and Jenkins, * District Court Judge. * The Honorable Bruce S. Jenkins, United States District Court Judge for the District of Utah, sitting by designation. *OPINIONBY:* BARRETT *OPINION:* [*540] BARRETT, Circuit Judge. On December 14, 1984, appellant Greg Grusendorf took three puffs from a cigarette while on a lunch break from his job as a firefighter trainee with the Oklahoma City Fire Department. He was fired that afternoon by his supervisor on the grounds that he had violated the terms of an agreement he signed as a precondition of employment that he would not smoke a cigarette, either on or off duty, for a period of one year from the time he began work. Grusendorf brought suit against the City of Oklahoma City and his supervisors at the Oklahoma [**2] City Fire Department under 42 U.S.C. § 1983, claiming his constitutional rights of liberty, privacy, property and due process had been violated. The 1
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district court for the Western District of Oklahoma granted the defendants' motion to dismiss Grusendorf's suit and awarded the defendants $2,250 in attorney's fees. Grusendorf first applied for a position as firefighter with the Oklahoma City Fire Department in January, 1983, but was not hired. He thereafter devoted his energies to becoming a qualified applicant for future openings with the fire department by studying firefighting manuals, getting into top physical condition and, finally, giving up cigarette smoking. When the Oklahoma City Fire Department announced openings for the position of firefighter trainee in September, 1984, Grusendorf applied again. After taking a written examination, a physical ability test, and receiving a medical checkup by a physician, Grusendorf was ranked fifth on a list of four hundred applicants. He was hired in October, 1984, as a firefighter trainee. Upon being hired, Grusendorf signed a certificate indicating that he had read and understood the fire department's non-smoking rule for firefighter trainees [**3] and agreed to abide by it. The incident that precipitated Grusendorf's dismissal occurred when,
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Grusendorf_v_Oklahoma_City - 1 Greg Grusendorf...

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