Public employee, policy and procedure, evidence, due process.

John Ford, a supervisor with the Missouri Highway Patrol, appeals a lower court's ruling in a dispute involving Ford and a subordinate officer. After being named to his position, Ford periodically had his office "swept" for listening devices. A suspicious item was discovered during one sweep. While the item was being examined, Ford let it be known that he suspected the device was installed by a department unit commanded by Melvin Duckworth. An examination of the device concluded it was a click "suppressor" installed to reduce line noise in telephones. However, rumors persisted within the department that Duckworth had "bugged" his supervisor's office. Duckworth subsequently filed suit, claiming that Ford was attempting to punish Duckworth for his support of another commander. Ford responded to Duckworth's suit with a motion for summary judgment. Ford argued that his position entitled him to qualified immunity.

The U.S. District Court for the Western District of Missouri denied Ford's motion for summary judgment. The court ruled that Ford was not entitled to qualified immunity because he was in a position to retaliate against Duckworth. Ford now appeals.

Ford loses. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision of the district court.