The Nebraska Court of Appeals has upheld Box Butte County District Court Judge Brian Silverman's dismissal of a lawsuit filed against the Village of Hemingford by former Police Chief David McKee.

The lawsuit was dismissed by Judge Silverman last July.

McKee was fired by the Village Board in September, 2006, for insubordination.

At the time, two Hemingford police officers had resigned from the force and the trustees then terminated McKee because he apparently planned to begin a three week vacation, leaving Hemingford without local police protection.

McKee filed the suit in December, 2006, asking for reinstatement for back pay and other benefits lost since his termination.

In dismissing the lawsuit, Silverman ruled that evidence against McKee supported his termination, and that the Hemingford Village Board had a responsibility to provide police protection for the village, and when the chief of police refused to provide the same, the board took the only action available to them, which was terminating McKee.

The Nebraska Court of Appeals agreed with Silverman's ruling that the Hemingford Village Trustees had sufficient evidence to terminate McKee.

The Court of Appeals stated in it's upholding of Silverman's dismissal of the suit:

"The record contains sufficient evidence to support the (Hemingford Village) Board's decision to terminate McKee's employment of insubordination, which too the form of McKee's refusal to assure the board that he would obey the board's actions denying his vacation and requiring him to perform the duties of his office."

A copy of the 11-page Court of Appeals ruling is on file at the Box Butte County District Court office.