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,
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
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN
DISTRICT OF OKLAHOMA (CIV-85-124-E).
Diane Davis Huckins, Assistant Municipal Counselor (Robert D. Allen,
Municipal Counselor, with her on the brief), Attorney for
Richard C. Smith, Assistant Municipal Counselor, Attorney for
Defendants-Appellees, Catlege, Benson and Parasich.
*JUDGES:* Barrett and Tacha, Circuit Judges, and Jenkins, * District
* The Honorable Bruce S. Jenkins, United States District Court Judge for
the District of Utah, sitting by designation.
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]
Department under 42 U.S.C. § 1983, claiming his constitutional rights of
liberty, privacy, property and due process had been violated. The