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    Benton v. Custer Cnty Comrs, 10th Cir. (2003)

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding a case between Scott Benton and the Custer County Board of County Commissioners. The court affirmed the district court's granting of summary judgment in favor of the County Board, finding that as a deputy sheriff, Benton fell under the "personal staff" exception to the Fair Labor Standards Act and was therefore not entitled to overtime compensation. The court relied on a previous similar case, Nichols v. Hurley, in determining deputy sheriffs were considered part of an elected sheriff's personal staff.

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    Benton v. Custer Cnty Comrs, 10th Cir. (2003)

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding a case between Scott Benton and the Custer County Board of County Commissioners. The court affirmed the district court's granting of summary judgment in favor of the County Board, finding that as a deputy sheriff, Benton fell under the "personal staff" exception to the Fair Labor Standards Act and was therefore not entitled to overtime compensation. The court relied on a previous similar case, Nichols v. Hurley, in determining deputy sheriffs were considered part of an elected sheriff's personal staff.

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    Filed: 2003-07-29 Precedential Status: Non-Precedential Docket: 02-6309

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    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding a case between Scott Benton and the Custer County Board of County Commissioners. The court affirmed the district court's granting of summary judgment in favor of the County Board, finding that as a deputy sheriff, Benton fell under the "personal staff" exception to the Fair Labor Standards Act and was therefore not entitled to overtime compensation. The court relied on a previous similar case, Nichols v. Hurley, in determining deputy sheriffs were considered part of an elected sheriff's personal staff.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    16 views3 pages

    Benton v. Custer Cnty Comrs, 10th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an order and judgment from the United States Court of Appeals for the Tenth Circuit regarding a case between Scott Benton and the Custer County Board of County Commissioners. The court affirmed the district court's granting of summary judgment in favor of the County Board, finding that as a deputy sheriff, Benton fell under the "personal staff" exception to the Fair Labor Standards Act and was therefore not entitled to overtime compensation. The court relied on a previous similar case, Nichols v. Hurley, in determining deputy sheriffs were considered part of an elected sheriff's personal staff.

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    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    JUL 29 2003

    PATRICK FISHER
    Clerk

    SCOTT BENTON,
    Plaintiff - Appellant,
    v.
    CUSTER COUNTY BOARD OF
    COUNTY COMMISSIONERS,
    a political subdivision of the State
    of Oklahoma,

    No. 02-6309
    (D.C. No. CIV-01-1600-C)
    (W.D. Oklahoma)

    Defendant - Appellee.
    ORDER AND JUDGMENT

    Before EBEL , PORFILIO , and McCONNELL , Circuit Judges.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal.

    See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

    therefore ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    Plaintiff Scott Benton, a former deputy sheriff for Custer County,


    Oklahoma, appeals from the district courts order entering summary judgment in
    favor of defendant Custer County Board of County Commissioners (County) on
    his claim for overtime compensation under the Fair Labor Standards Act (FLSA),
    29 U.S.C. 201-219. Our jurisdiction arises under 28 U.S.C. 1291.
    We affirm.
    We review the district courts grant of summary judgment de novo,
    applying the same legal standard used by the district court.

    Kendrick v. Penske

    Transp. Servs., Inc. , 220 F.3d 1220, 1225 (10th Cir. 2000) (quotation omitted).
    Summary judgment shall be rendered forthwith if the pleadings, depositions,
    answers to interrogatories, and admissions on file, together with the affidavits,
    if any, show that there is no genuine issue as to any material fact and that the
    moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c).
    When applying this standard, we view the evidence and draw reasonable
    inferences therefrom in the light most favorable to the nonmoving party.
    Kendrick , 220 F.3d at 1225 (quotation omitted).
    The district court determined, as a matter of law, that plaintiff is not
    entitled to overtime compensation under FLSA, concluding that the undisputed
    facts in this case show that plaintiffs position as a deputy sheriff fell within
    the personal staff exception to FLSAs definition of a covered employee.
    -2-

    See 29 U.S.C. 203(e)(2)(C)(i) and (ii)(II). Having thoroughly reviewed the


    record in this case, we hold that the district courts determination is in accordance
    with our decision in Nichols v. Hurley , 921 F.2d 1101, 1110-14 (10th Cir. 1990)
    (holding that boards of county commissioners and elected sheriffs of two counties
    in Oklahoma were entitled to summary judgment on claims of deputy sheriffs for
    overtime compensation under FLSA on ground that undisputed facts showed that
    deputy sheriffs were part of elected sheriffs personal staffs and were therefore
    not covered employees under FLSA). Accordingly, because plaintiff has failed to
    put forth sufficient facts to distinguish

    Nichols , we affirm the entry of summary

    judgment in favor of the County for the reasons relied upon by the district court.
    See Aplt. App. at 189-94.
    The judgment of the district court is AFFIRMED.
    Entered for the Court
    David M. Ebel
    Circuit Judge

    -3-

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