United States Sixth Circuit

In an action brought against defendant, as an individual and in her official capacity as county property valuation administrator, alleging violations of the First, Fourth, and Fourteenth Amendments and wrongful discharge arising out of plaintiff's dismissal, summary judgment for defendant is affirmed in part, but reversed in part as to the First Amendment and wrongful discharge claims where: 1) the fact that defendant fired plaintiff due to her political speech during the course of her campaign - rather than the mere fact of plaintiff's candidacy - was enough to trigger protection under the First Amendment; 2) a determination that plaintiff's message was not "political" enough to warrant protection was in error; 3) plaintiff's free speech interests outweigh defendant's interests in maintaining an efficient PVA office; 4) plaintiff was not in a confidential or policymaking position at her job, and thus did not fall under any category of the Elrod-Branti exception; and 5) plaintiff may maintain a claim for wrongful discharge based on the alleged violation of her First Amendment rights.

Appellate Information

• Decided 10/04/2007
• Published 10/04/2007

Judges

• Before: MARTIN, GUY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Ned B. Pillersdorf, Joseph R. Lane, Pillersdorf, DeRossett & Lane, Prestonsburg, Kentucky, for Appellant.  Grover A. Carrington, Farrah Williams Ingram, White Peck Carrington, Mt. Sterling, Kentucky, for Appellee.