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United States Sixth Circuit


Molina-Crespo v. US Merit Sys. Prot. Bd., 073745

In a claim for violation of the Hatch Act which prohibits state or local officer or employee from being a candidate for elective office, grant of summary judgment in favor of defendant-Merit Systems Protection Board is affirmed over claims that: 1) the district court erred in concluding that Board did not abuse its discretion in determining that plaintiff's violation of the Hatch Act, regulating the political activity of state employees who administer federal funds, warranted his removal; and 2) the district court erred in rejecting plaintiff's challenges to the constitutionality of the Hatch Act, including attacks based on equal protection, due process, and the First Amendment.

Appellate Information

  • Decided 11/24/2008
  • Published 11/24/2008

Judges

Court

  • United States Sixth Circuit

Counsel

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