Dan Hemmah v. City of Red Wing, et al.

Daniel Hemmah was employed by the City of Red Wing from September 22, 1977
until his termination April 27, 2006. The City terminated Hemmah's employment for
reasons of alleged misconduct, alleging, inter alia, that he had been dishonest, fraudulent,
disloyal and insubordinate in his dealings with his supervisors at the City, and with state
and federal officials. At the time of his termination Hemmah was the Deputy Director of
Public Works - Utilities. In this position, Hemmah was responsible for operating and
maintaining the City's water treatment plants and facilities.

The City alleges that in coordinating the planning, design and construction of the
City's two new water treatment plants, Hemmah lied to his Supervisor Dennis Tebbe
about the requirements for security at the new plants. Tebbe was the Director of Public
Works for the City. The City also alleges that Hemmah secretly met with state and
federal Homeland Security officials and authored a "Report" signed by these officials to
mislead Tebbe into believing that the security systems planned by Hemmah for the water treatment plants could not be changed.

When confronted on April 26, 2006 by Tebbe, City Administrator Kay Kuhlmann
and Director of Employee Services Roger Seymour about these allegations, Hemmah
denied any wrongdoing and refused to resign. He was fired on April 27, 2006 from both
his full-time job as Deputy Director and also from his position as an a Paid On Call
Firefighter with the City. Hemmah's unwillingness to resign resulted in the City refusing
to pay him approximately $13,000 in severance (unused sick leave) typically given to
employees who leave the City in "good standing."

On May 3, 2006, Kuhlmann sent Hemmah a letter describing the allegations of
misconduct and the reasons for his termination. On May 4, 2006, Hemmah began his
appeal of his termination from both positions. On May 8, 2006, while Hemmah's appeal
was still in progress, Kuhlmann gave a copy of the May 3 letter to a reporter for the local
newspaper, the Red Wing Republican Eagle, knowing that it would be the subject of a
news story. The Eagle printed the story of Hemmah's alleged misconduct and
termination on its front page on May 19, 2006. On May 16, 2006, Kuhlmann denied
Hemmah's final appeal. On May 31, 2006, Kuhlmann denied Hemmah's request to take
his case to the City Council in an attempt to clear his name and regain his job.

In bringing this case, Hemmah claims that the defendants deprived him of his
constitutionally protected liberty interest without due process. By making defamatory
and stigmatizing allegations about Hemmah in connection with his termination, and
publicizing the defamatory statements to a news reporter knowing they would appear in
the newspaper, Kuhlmann triggered Hemmah's right to a name-clearing hearing. The
requisite discrimination triggering the right to a name-clearing hearing occurs where the
public employer makes stigmatizing allegations, in connection with the employee's
discharge, "in any official or intentional manner". Speer v. City of Wynne, 276 F.3d 980,
985 (8th Cir. 2002), citing In re Selcraig, 705 F.2d 789, 796 n.6 (5th Cir. 1983).

The defenses asserted by defendants are not available.

Plaintiff's verdict for $250,000.00.

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