Owens v. Rush

Plaintiff-appellant James Owens sought relief under the civil rights statutes, 42 U.S.C. §§ 1983, 1985(c), and 2000e, et seq., claiming that the defendants-appellees1 unlawfully conspired against him and discharged him from his position in the County Sheriff's Department in retaliation for helping his wife Anne file an EEOC complaint against them.2 On the motion of the defendants the district court dismissed ""(a)ll causes of action predicated upon 42 U.S.C. §§ 1983 and 1985 ... for the reasons given in Abeyta v. Town of Taos, 499 F.2d 323 (10th Cir. 1974)."" I R. 155. In a separate written order the district court also granted summary judgment in favor of the defendants on plaintiff's Title VII claim on the ground that plaintiff came within the ""personal staff"" exception of 42 U.S.C. § 2000e(f), thereby exempting him from the protection of Title VII. I R. 177-78. This timely appeal followed. I