Defendant's Attorney: Not Available

Description: Tulsa, Oklahoma civil rights lawyers represented the Plaintiff who sued on the Defendant on breach of contract and denial of due process under the Fourteenth Amendment.

Kevin Gresham was terminated from his position as Chief of Police, he sued Appellee Town of Depew in federal district court, claiming breach of contract and a violation of his Due Process rights under the Fourteenth Amendment.

At a board meeting on July 1, 2019, the Board voted to hire Mr. Gresham as the Chief of Police. The Board agreed to pay Mr. Gresham “at the rate discussed in his interview”—$42,000 per year. The Board also agreed to send Mr. Gresham “to chief’s school.” App. I at 137. It appears the Board did not provide Mr. Gresham a written contract. Mr. Gresham insisted on having a written employment contract, so he drafted one (the Employment Contract). Consistent with the oral agreement
on July 1, the Employment Contract included a salary of $42,000 per year and stated Mr. Gresham would attend “Chief School.” App. I at 219–20. The Employment Contract also contained additional terms not discussed on July 1. It specified a term of two years, described Mr. Gresham’s “job duties and responsibilities,” App. I at 219, provided for paid time off following a “probationary period,” App. I at 220, promised expense reimbursement, and set out the terms under which the Town could terminate Mr. Gresham. The terms of termination included the following buy-out provision:

Should the Employer decide to terminate their working relationship
and/or his Employment Contract, for reasons not pertaining to
Employee’s gross misconduct, the party shall pay the Employee half
of the remaining salary of his contract.

Mr. Gresham started work as Chief of Police on August 1, 2019. On September 11, 2019, Mr. Gresham experienced a seizure.

The Board then voted four to one to terminate Mr. Gresham. Board Member Hopkins dissented. The Board paid Mr. Gresham his salary until his termination, but it took no action under the buy-out provision in the Employment Contract.

The Defendant filed a motion for summary judgment.

Outcome: Motion for summary judgment granted.

Affirmed on appeal.

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