United States Sixth Circuit

In a suit against a county clerk alleging a claim of unlawful patronage dismissal in violation of the First Amendment, and against county claiming violation of her constitutional privacy rights by disseminating certain personnel records during the campaign in which she ran against and was defeated by the new county clerk for the position, summary judgment for defendants on all federal claims and dismissal of state law claims is affirmed where: 1) the position of Chief Deputy County Clerk in Kenton County, Kentucky, falls within the second and third McCloud exceptions to unlawful patronage dismissal; and 2) district court properly dismissed plaintiff's substantive due process claim.

Appellate Information

• Argued 03/04/2010
• Decided 05/10/2010
• Published 05/10/2010

Judges

• Before CLAY and McKEAGUE, Circuit Judges; POLSTER, District Judge .

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Gail M. Langendorf, Busald Funk Zevely, P.S.C., Florence, Kentucky, for Appellant. Beverly R. Storm, Arnzen, Molloy & Storm, P.S.C., Covington, Kentucky, Stacy Marie Hege, Law Office, Covington, Kentucky, for Appellees. ON BRIEF:Gail Marie Langendorf, Busald Funk Zevely, P.S.C., Florence, Kentucky, for Appellant. Beverly R. Storm, Arnzen, Molloy & Storm, P.S.C., Covington, Kentucky, Stacy Marie Hege, Law Office, Covington, Kentucky, for Appellees.