Potter v. City of Hanceville (In re Potter)
Nov
06
2006
Ruling
Police chief debtor could pursue claim for damages and attorneys fees based on bankruptcy discrimination by municipality.
Procedural posture
Defendants, a city and city officials, filed motions for summary judgment in chapter 7 debtor's action, which alleged that defendants denied him continued employment based only on the fact that he had filed bankruptcy, in violation of 11 U.S.C. § 525(a), that the violation entitled him to damages pursuant to the discrimination cause of action created by 42 U.S.C. § 1983, and to attorneys fees under 42 U.S.C. § 1988.
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Court
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