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.