United States Third Circuit

In a suit by a county employee alleging unlawful termination, denial of a motion to dismiss is vacated and cause remanded for dismissal where: 1) plaintiff's letter to her employer expressing concerns about her employment situation was not protected speech; 2) plaintiff did not have a property interest in her job sufficient to raise a due-process claim; and 3) there was therefore no violation of plaintiff's constitutional rights, and defendant was entitled to qualified immunity.

Appellate Information

• Argued 05/13/2008
• Decided 10/01/2008
• Published 10/01/2008

Judges

• Before:  McKEE, ROTH, Circuit Judges, and PADOVA, District Court Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• A. Taylor Williams, Esq. (Argued), Administrative Office of PA Courts, Philadelphia, PA, for Appellant Honorable Richard N. Saxton.


• For Appellees:
  
• Joseph P. Green, Esq. (Argued), Lee, Green, & Reiter, Inc., Bellefonte, PA, for Appellee Clinton County., Joseph F. Orso, III, Esq. (Argued), Casale & Bonner, Williamsport, PA, for Appellee Rita Miller.