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United States Fourth Circuit


Smith v. Frye, 06-1801

Dismissal of First Amendment suit against state court judge who had discharged plaintiff from her at-will employment as a magistrate court clerk after her son, also a plaintiff, filed as a candidate for the position of circuit clerk against plaintiff's colleague is affirmed as plaintiff has failed to state a claim that her firing violated her First Amendment speech or associational rights and plaintiff's son lacks standing.

Appellate Information

  • Argued 03/12/2007
  • Decided 05/18/2007
  • Published 05/18/2007

Judges

  • Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Allan Norman Karlin, Morgantown, West Virginia, for Appellants.  John M. Hedges, Byrne, Hedges & Lyons, Morgantown, West Virginia, for Appellee.   ON BRIEF:  Teresa J. Lyons, Byrne, Hedges & Lyons, Morgantown, West Virginia, for Appellee.
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