United States Third Circuit
Mancini v. Northampton County, 15-2790
In a 42 U.S.C. section 1983 action brought by an assistant county solicitor against in connection with the termination of her employment, alleged that she was a protected career service employee and that the newly elected Republican administration wrongfully dismissed her in violation of the Fourteenth Amendment Due Process Clause and the First Amendment, the District Court's judgment in favor of defendants on the First Amendment claims is affirmed where: 1) the able trial judge appropriately handled the numerous issues raised by the parties; and 2) a reorganization exception to constitutional procedural due process cannot apply as a matter of law where, as here, there is a genuine factual dispute about whether the reorganization was pretext for an unlawful termination.
- Published 2016/09/09
- United States Third Circuit