Tessa McEllistrem and Jessica Schwie prevailed before the 8th Circuit in the matter of Pena v. Freeborn County, No. 16-2756. The 8th Circuit affirmed dismissal of a § 1983 procedural due process claim and a Peace Officer Disciplinary Act (PODPA) claim arising out of a job termination. The Court held that Pena, a former Jail Administrator for Freeborn County, was afforded all constitutional due process that was required because he was notified of the employment misconduct charges against him months before his termination notice and he had repeated opportunities to tell his side of the story; both before and after the termination of his employment. Moreover, the 8th Circuit held that Pena was not entitled to the protections afforded under the PODPA because; even though he held a peace officer license, he was not “charged” with the protection and detection of crime within the meaning of the statute.
