William P. Zuger v. State of North Dakota

Summary

The Supreme Court of North Dakota affirmed summary judgment dismissing William P. Zuger's claims against the State arising from his nonselection for an Attorney II position. The court held that Zuger failed to present evidence establishing a genuine issue of material fact or a property interest in an interview or prospective employment under North Dakota law. The court also concluded that the State's conduct was not sufficiently extreme and outrageous to support an intentional infliction of emotional distress claim.

Holdings

1. A party resisting summary judgment may not rely on pleadings, unsupported conclusory allegations, or leave the court to search the record and determine the significance of the evidence; the party must present competent admissible evidence identifying a genuine issue of material fact. Zuger failed to do so.
2. North Dakota's merit-selection law did not create a constitutionally protected property interest in a prospective employment opportunity or a right to an interview, and Zuger failed to identify a legal basis for a claim against the State under the State's tort claims statute.
3. The State's decision not to interview Zuger, based on his ranking under a scoring device, was not sufficiently extreme and outrageous to support intentional infliction of emotional distress.

Questions Presented

1. Whether the State's alleged violations of North Dakota's merit-selection law supported a claim under the State's tort claims statute.
2. Whether North Dakota's merit-selection law created a constitutionally protected property interest in an interview or prospective employment opportunity under the Fourteenth Amendment.
3. Whether the State's conduct supported a claim for intentional infliction of emotional distress.

Disposition

affirmed