United States Sixth Circuit

In a case arising from plaintiffs' termination from employment for failing to comply with a state Department of Park's dress code, dismissal of claims alleging federal and state law violations is affirmed over claims that: 1) defendant-commissioner was not entitled to qualified immunity; 2) the state should not have been granted immunity under the Eleventh Amendment; 3) plaintiffs had standing to raise their claim under the Kentucky Civil Rights act; 4) summary judgment dismissing their First Amendment claim was inappropriate; 5) summary judgment should not have been granted with regard to their due process claim; 6) their equal protection claim should also have survived summary judgment; and 7) emails from defendant-commissioner created due process protections that the Parks Department subsequently did not follow.

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• Before MARTIN and SUTTON, Circuit Judges;  JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Phillip J. Shepherd, Law Office of Phillip Shepherd, Frankfort, Kentucky, for Appellants.  Robert L. Roark, Walther, Roark, Gay & Todd, Lexington, Kentucky, for Appellees.   ON BRIEF:  Phillip J. Shepherd, Law Office of Phillip Shepherd, Frankfort, Kentucky, Ned B. Pillersdorf, Pillersdorf, DeRossett & Lane, Prestonsburg, Kentucky, for Appellants.  Robert L. Roark, Walther, Roark, Gay & Todd, Lexington, Kentucky, for Appellees.