that's the bottom line on this appeal this case was dismissed on summary judgment based upon a district court judge just perceived perception that there was insufficient evidence to support any of our causes of action i wrote a fairly detailed briefing here this morning to highlight what i feel to be the really critical evidence on our points and respond whatever questions the court may have the parties seem to agree that if the investigation that led to the picture of john vander walker's termination was predatory and that the outcome was pre determined it was a violation of substance excuse me procedural due process there are four issues that i'll highlight today on that particular point number one this was an excessive force complaint number three following deputy vander walker's original statement the confidentiality of the investigation was completely breached and they literally went out looking for any additional evidence from his fellow officers who've been on the scene that evening and number four exonerating evidence from his commander that evening on the evening in question on the scene was apparently suppressed and not included as part of the record used qualifiers although apparently suppressed look at me if i write a moment those women who what i think this adds up to is the proposition that from the moment those women went on hardcopy had their snippet of videotape and their men nation story of the circumstances of that encounter this was handled personnel complaint but as a matter of public relations and that the officer responsible for that was going to be found and terminated and to that extent i do believe the evidence added up as it is in the light most favorable to the nonmoving party adds up to a investigation there's circumstantial evidence that he was and there's direct evidence on one really critical point and that is this point three when they went out to look for additional evidence in violation of the of the manual the procedures for personnel complaints all the officers that were on the scene in deputy governor walker squad that evening were told deputy vander walker is the target of this investigation relating to the pepper spray you give us a statement anything you saw him do that evening right now that is a violation of the personnel complaint manual it's a violation of procedure and the union officer the president the police officer skilled did call and this is in the record call sheriff r share a bath and there were there were other there were other incidents that were were generated as a result of this casting this wide net which i got i thought that there was evidence and i can't tell specific procedures for investigation of complaints against police officers personnel complaints and they are supposed to relate all the investigation all the interviewing all the other is generated to supposed to be pointing only to the specific little to her many for the record according to the record the final decision was the sheriff records or the well that's an there was a memo circulated about three weeks initial no i don't think that there is any one piece of evidence in the entire case that is conclusive on the issue of whether this was a sham proceeding however if so that this is that there was a memo circulating circulated recommending banner walker's determination that was signed by the final decision maker three weeks before the deposition that you cannot tell from that pepper spray incident that there was any kind of excessive force because you need to know what the circumstances were behind that use of force he was he was never shown  statement in which deputy manner walker says exactly when i used that force was my perceived belief that these people were leaving but they constituted a danger to themselves and to other officers this was an area where there was a report of potential sniper fire and he was clear he gave a statement at the time he was called in at the time as part of the that's ignition he was shown the tape he said at the time i don't know whether anything was done wrong here are not and that was not faced in the record of the investigation he was not asked about that on the tape record statement that he was given he was never shown the statement of the detective or deputy vander walker that might have led him to say well this is this is a perfectly plausible explanation for what happened and that's why i say the evidence was exonerating evidence was suppressed because you could read right without that those kind of juicy he reached in and grabbed my call or any other of this epithet that's just a couple kids up on broadway who wouldn't leave until they got squirted with pepper spray just like a lot of other the very first thing the investigating officer  excessive force well that does not remove the claim that he was terminated in violation and it doesn't it certainly doesn't affect the procedural due process play because th admitted under oath that the combined force used between the pepper spray and the kicking incident don't add up determination to try to justify the terminations based upon perceived  forward never been a jennifer i never made a claim but we do know that she was actively participating in the right to the extent to the extent that she was a quote aid worker she was bringing aid to the very people who are throwing rocks and bottles and golf balls and garbage as her upright records on people th t people aren't as she said and that's what that's what the investigation demonstrate a traister to a local anarchist society but in any of it she was not authorized to be on the street she was in dark would have been very easy to come up with a version of events that would have justified any action he took all he says i don't remember doing it and i think he says well i mean he said it's not my in my nature to kick anybody that's right  a well if he doesn't remember doing they feel strongly that that's not the sort of thing you would ordinarily do and of course ordinarily is not working eighteen hour shifts on the right conditions three straight days then i think probably is going to say i don't think people and i don't some he was supposed to be determining whether the combination of these alleged events generated enough or sufficient to merit termination involved in an investigation that detective mcswain is involved so some of the inadequacies that they point to the investigation have nothing to do with sheriffs right decision making it sings about it going up the chain that that's a  there and he said he had not made up his mind this was a difficult decision for him this is a long time employee under difficult situation and he acknowledged that so there is no evidence in the record that this was and staff writer testified that he had not made up his mind until after the hearing i don't think there's any evidence to show that this was a sham there's also in terms of the property interest all of a lot of mail rights has been filed here which here and the union rep and sometimes they go out and they'll have some conversation between themselves like the chef might ask the investigators and follow up questions then help bring the employees spent get an ask the more questions and that's the kind of thing that happened a sustained finding for just honesty with respect to the pic incident which within the investigation john daniel walker continually said that he never kicked anyone and they explained had a videotape of him kicking someone so they found that he was being dishonest with respect to notice and that so you had noticed the twelve twenty nine nine you he also mr vander walker acknowledged that noticed that during  eye your investigation on twelve twenty two he had noticed a big kick on march first he acknowledged that notice on march fifteenth and then he had notice of the dishonesty allegations on march twenty first two thousand and and then later in the last paragraph he talks about integrity so it's a little less direct the sheriff reichert testified that frankly they did that on purpose because integrity is very important to the sheriff's a judgment against me in superior court i have the legal right to appeal it but if i don't post the bond i'm going to lose my property because the mere fact that i exercise my legal right to appeal doesn't generate a change in the status quo and from the moment it's back and there's no dispute that they put him back to work they put him back to work in a patrol car so how can they say that wilt will comply with part of the civil war that suits us because we need people out there but not comply with the part that doesn't suit us because we don't want to next is that the one of the first things they establish is that these women were not telling the truth about the allegations that take this away from just being some kids up at the scene who got pepper sprayed and makes it some kind of vicious assault by the police officer why would they continue an investigation when they know i got an answer for you all right then and then once the officer gives a credible explanation for what happened they violate their own procedures and search for additional direct evidence that he was told by the guild president of this violation of the confidentiality investigation took no action he was told of the union guild presidency they called him up and said you're circulating requests