This section contains the nature of the case and procedural background.

Nancy Summers (Keeney)(P) was a prison guard who became involved romantically with one of her charges. The prison commander suspected the involvement and had the prisoner transferred. P continued to see the prisoner, and eventually she was told to give him up or to quit her job. P quit her job and married the prisoner. They were divorced in 1994. P sued the prison commander and the county sheriff under 42 U.S.C. §1983 claiming that forcing her to choose between her job and marriage to the man of her choice infringed on her constitutional rights. The district court granted summary judgment to D and P appealed.

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