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Political Activity/Patronage Employment
Perceived slights
and changed duties are not enough to demonstrate that working conditions
were inferior; she failed to show that she suffered an adverse employment
action. Torres-Martinez v. Puerto Rico Dept. of Corrections, #06-1881,
2007 U.S. App. Lexis 9295 (1st Cir.).
In a 2-to-1 ruling,
the federal Merit Service Protection Board declined to review a lower ruling
that a sheriff's dept. was not an executive branch agency and therefore
was not covered by the federal Hatch Act, banning certain political activity.
Special Counsel v. Jackson Co. Sheriff Dept., #3B-1216-06-0010-T-1, 2007
MSPB 35 (MSPB) 2007, 2007 MSPB Lexis 1520.
Pennsylvania law banning political endorsements
by state workers did not apply to officers of a corrections union who were
on official leave for association purposes, even if their state salaries
continued while on leave. Pinto v. Civil Serv. Cmsn., #70 MAP 2005, 2006
Pa. Lexis 2519 (Pa. 2006). [N/R]
Federal court refuses to dismiss a First
amendment claim brought by furloughed city workers who claimed that the
mayor retaliated against them for their political activities by not rehiring
them. Cochran v. City of Huntington, #1:05-CV-249, 2006 U.S. Dist. Lexis
71873, prior ruling at 2006 U.S. Dist. Lexis 39516 (N.D. Ind., 2006). {N/R}
Merit Systems Personnel Board dismisses a
wrongful termination claim by a probationary federal worker who alleged
she was discharged for partisan political reasons, because she failed to
show her separation was a result of an affiliation with a particular political
party or candidate. McCall-Scovens v. Merit Systems Protection Board, #
05-3238, 2006 U.S. App. Lexis 7936 (Fed Cir. 2006), relying on Mastriano
v. Fed. Aviation Adm., 714 F.2d 1152 (Fed. Cir. 1993). {N/R}
A prison warden held a policy-making position
and could not challenge his removal for partisan political reasons. Pierson
v. Blagojevich, #05-3019, 2005 U.S. App. Lexis 29328 (7th Cir. 2006). {N/R}
Federal court declines to dismiss a suit by a police corporal whose rank
was eliminated purportedly because he campaigned for the mayor's opponent.
Harvey v. City of Bradenton, #8:04-CV-1748, 2005 U.S. Dist. Lexis 38095
(M.D. Fla. 2005). {N/R}
Sixth Circuit affirms the demotion of a sheriff's
dept. lieutenant because of his political support of the previous sheriff.
"Where the effective performance of a particular office demands affiliation
with a particular party or subscription to a particular policy, the Constitution
permits dismissal based on political grounds." Cagle v. Headley, #04-6162,
2005 U.S. App. Lexis 19153 (Unpub. 6th Cir. 2005). {N/R}
Seventh Circuit finds that assistant wardens
of Illinois state prisons are policymaking officials and therefore could
be fired by the governor because of their political affiliation. Riley
v. Blagojevich, #04-3085, 2005 U.S. App. Lexis 20631 (7th Cir. 2005). {N/R}
A county attorney in Michigan holds a "policymaking
or confidential position" and may be terminated for politically-motivated
reasons without violating the First Amendment. Simasko v. County of St.
Clair, #04-2292, 417 F.3d 559, 2005 FED App. 0325P, 2005 U.S. App. Lexis
15916 (6th Cir. 2005). {N/R}
Federal appeals court declines to overturn
the decision of a newly elected sheriff to fire a superior ranking officer
who supported the defeated incumbent. "... political affiliation is
an appropriate requirement for the position of Asst. Deputy Superintendent
for Training." Hadfield v. McDonough, #04-2020, 407 F.3d 11, 2005
U.S. App. Lexis 8259 (1st Cir. 2005). {N/R}
Retitling the position of jail classification
director was not a bona fide "reorganization" that eliminated
the incumbent's job. A county personnel board did not have to provide written
reasons to justify reinstatement of the terminated appellant. Sheriff of
Plymouth Co. v. Plymouth Co. Personnel Board, #SJC-09038, 440 Mass. 708,
802 N.E.2d 71, 2004 Mass. Lexis 15 (2004). [2004 FP Jul]
Third Circuit rejects the suit of a terminated
city manager that campaigned against winning council candidates. His interest
in free speech did not outweigh the government's interest in efficiency.
Curinga v. City of Clairton, #03-1278, 2004 U.S. App. Lexis 1654 (3rd Cir.
2004). {N/R}
Second Circuit finds that a union informational
poster about the positions of presidential candidates could not be posted
on government bulletin boards, as it clearly violated the Hatch Act. Burrus
v. Vegliante, #02-6257, 2003 U.S. App. Lexis 14125 (2nd Cir. 2003). [2003
FP Oct]
Ninth Circuit upholds the rights of a newly
elected prosecutor to terminate at-will confidential secretaries that were
hired by and loyal to his predecessor. Hobler v. Brueher, #00-35589, 2003
U.S. App. Lexis 6596 (9th Cir. 2003). {N/R}
Sixth Circuit overturns an injunction against
a mayor for initiating transfers or demotions or interfering with promotions
or compensation of firefighters because of their political beliefs, associations,
or a desire to remain neutral in political matters. The injunction was
overly broad, was unnecessary to provide the plaintiffs the relief to which
they are entitled, and was not based upon a showing of likely future irreparable
harm. Sharpe v. Cureton, #00-5805, 2003 U.S. App. Lexis 2643, 2003 FED
App. 0050P (6th Cir.). {N/R}
Tenth Circuit refuses to dismiss the suit of a
reserve deputy who was decommissioned after he expressed support for a
person who intended to run against the sheriff in the next election. Bass
v. Richards, #01-1202, 2002 U.S. App. Lexis 16440 (10th Cir. 2002). {N/R}
Fourth Circuit holds that a county sheriff
was entitled to qualified immunity from a claim that his employees were
not reappointed because they supported his opponent in the election, because
the law was not clearly established at the time of the alleged First Amendment
violations. Pike v. Osborne, #01-2050, 2002 U.S. App. Lexis 15134 (4th
Cir. 2002). {N/R}
The jobs of county sheriff's deputies were
protected under the First and Fourteenth Amendments for not supporting
the sheriff, as they were not confidential or policy-making employees.
Heggen v. Lee, #00-6315, 284 F.3d 675, 18 IER Cases (BNA) 732, 2002 U.S.
App. Lexis 4374, 2002 FED App. 0094P (6th Cir. 2002). [N/R]
The wife of
a firefighter had standing to challenge a city charter provision that prohibits
city employees from contributing money to a candidate for mayor or city
council. IAFF of St. Louis v. City of Ferguson, #01-2277, 283 F.3d 969,
2002 U.S. App. Lexis 4750 (8th Cir. 2002). [N/R]
Second Circuit upholds a $400,000 award against a sheriff
and chief deputy who repeatedly mistreated a deputy who had supported an
opposition candidate. Phillips v. Bowen, #00-7525, 278 F.3d 103, 2002 U.S.
App. Lexis 980, 18 IER (BNA) 397 (2nd Cir.2002). [2002 FP Apr]
Federal jury finds that the City of Chicago Heights,
Illinois, fired one city employee and demoted or reassigned three police
officers in retaliation for their opposition to the mayor's re-election
in 1999. It awarded the four a total $700,000 in damages; punitive damages
were assessed against the mayor in the sum of $15,000, against the current
police chief for $7,500 and against an ex-chief for $1,500. Kulwin, Murphy,
Pilota and Robustelli v. Ciambrone, verdict rptd. in the Chicago Tribune
on 11/02/2001, p. 3 (N.D. Ill.). {N/R}
Federal jury in Chicago awards a suburban
police lieutenant $3.5 million in compensatory damages against his city,
$8 million in punitive damages against the mayor and $1 million against
an ex-chief. They allegedly sought to remove him for backing an opposition
mayoral candidate. Comanda v. Vil. of Country Club Hills, verdict rptd.
in Daily Southtown 1/19/2001; facts and motion ruling in parallel action,
Comanda v. Welch, #00-C-5633, 2001 U.S. Dist. Lexis 8459 (N.D.Ill. 6/19/2001).
[2001 FP 43]
Federal appeals courts are badly split on
whether a deputy sheriff is a “policymaker” and can be terminated for political
reasons. DiRuzza v. Co. of Tehama, #98-15997, 206 F.3d 1304, 2000 U.S.
App. Lexis 430, 16 IER Cases (BNA) 15 (9th Cir.). [2000 FP 121-2]
A Pennsylvania statute that restricted ability
of sheriffs to make personnel decisions, and that prohibited his deputies
from engaging in political action violated the equal-protection rights
of the sheriff. DeFazio v. Allegheny Co. Civ. Serv. Cmsn., 756 A.2d 1103,
2000 Pa. Lexis 2020, 16 IER Cases (BNA) 1121 (Pa. 2000). {N/R}
Supreme Court declines to set aside the termination
of a bailiff for political reasons. Wagner v. Celebrezze, 1998 U.S. App.
Lexis 30136 (6th Cir.); cert. den., #98-1337, 1999 U.S. Lexis 3236 (1999).
[1999 FP 105]
Federal jury awards three Calumet City IL
officers $4.75 million. Their terminations for residency violations were
found to be subterfuge for not supporting the mayor's reelection campaign.
Mora v. Genova, # 97 C 7765, 1998 U.S. Dist. Lexis 2258 and 13216 (N.D.
Ill. 1999). [1999 FP 93]
Federal appeals court bans election signs
in residential yards belonging to state troopers, even if their wives placed
the signs. No disciplinary action can be taken if home is in joint names
or is the sole property of the spouse that erected the sign. Horstkoetter
v. Dept. Pub. Sfty., #97-6367, 159 F.3d 1265, 1998 U.S. App. Lexis 27584
(10th Cir.). [1999 FP 42]
Federal court upholds a police dept. rule
prohibiting officers from running for public office. Moses v. Wytheville,
959 F.Supp. 334 (W.D.Va. 1997). [1998 FP 91]
9th Circuit upholds the firing of an Assistant
District Attorney who opposed the DA in the next election. Fazio v. San
Francisco, 1997 U.S.App. Lexis 27289, 125 F3d 1328 (9th Cir.). [1997 FP
169]
7th Circuit upholds a sheriff who had placed
a deputy on unpaid leave when the latter filed his candidacy for sheriff.
Wilbur v. Mahan, 3 F.3d 214 (7th Cir. 1993). {N/R}
Decision of deputy sheriffs not to participate
in the campaign to re-elect the sheriff was "speech" protected
by the First Amendment. Harter v. Vernon, 953 F.Supp. 685 (M.D.N.C. 1996).
{N/R}
The 1st Am. rights of deputies were not infringed
by a sheriff who terminated them for supporting the sheriff's opponent
in an election. Cutliffe v. Cochran, 117 F.3d 1353, 1997 U.S.App. Lexis
19964, 13 IER Cases (BNA) 132 (11th Cir. 1997), relying on Terry v. Cook,
866 F.2d 373 (11th Cir. 1989). {N/R}
State agency ordered to remove an employee
who sought election as a state representative. Agency receives federal
funds; his candidacy violated the Hatch Act. Special Counsel v. Alexander,
71 M.S.P.R. 636, 1996 MSPB Lexis 1029. {N/R}
County clerk's termination of deputy clerk
for running against her in the election was not based on the deputy's protected
speech or beliefs, but upon her unprotected political candidacy; the First
Amendment was not violated. Carver v. Dennis, #95-5873, 104 F.3d 847, 1997
U.S. App. Lexis 686, 1997 FED App. 0018P (6th Cir. 1997). {N/R}
Federal Office of Personnel Management (OPM)
adopts the final rules relating to federal employee political activities.
The "Hatch Act" also applies to federally-supported state and
local personnel. Political Activities of Federal Employees, 5 C.F.R. 734.101-504,
61 (130) Federal Register 35088-35102. www.gpo.ucop.edu/search/default.html
[1996 FP 171]
Defendant county sheriff was not entitled
to qualified immunity in a suit by a deputy who alleged his commission
was not renewed in violation of this First Amendment rights because he
cooperated with state law enforcement officials during an investigation
of corruption in the sheriff's dept., where the deputy's right to speak
with investigators concerning corruption was clearly established under
the constitution. Cooper v. Smith, 89 F.3d 761, 11 IER Cases (BNA) 1703
(11th Cir. 1996). {N/R}
Sheriff could have terminated deputy who
announced his candidacy for sheriff, but could not engage in a pattern
of harassment. Wallace v. Benware, 67 F.3d 655 (7th Cir. 1995). {N/R}
Sheriff's lieut.; political support of opposition;
sheriff entitled to qualified immunity. Rogers v. Miller, 57 F.3d 986 (11th
Cir.1995). {N/R}
Deputy sheriff - failure of sheriff to reappoint;
jury instructions; preemptory strike of black juror; First Amendment allegations.
Jones v. Plaster, 57 F.3 417 (4th Cir. 1995). {N/R}
Jury award sheriff's officer $117,600; her
was job was downgraded in retaliation for supporting the sheriff's political
opponent. Morris v. Crow, 33 (1625) G.E.R.R. (BNA) 980 (verdict 6-23-95);
prior ruling: 825 F.Supp. 296 (M.D.Fla. 1993). [1995 FP 153-4]
Newly elected sheriff could not consider
political activities of employees in making employment decisions, notwithstanding
fact the commissions of all deputies expired when the sheriff took office.
Baum v. Webb, 863 F.Supp. 918 (E.D.Ark. 1994). {N/R}
Texas county commissioners had no authority
to modify the at-will status of sheriff's deputies by adopting a county
personnel manual requiring just cause for discharge. Without any legal
effect, the manual did not provide a cognizable property interest in continued
employment. Garcia v. Reeves Co., 32 F.3d 200 (5th Cir. 1994). {N/R}
Newly elected Texas sheriff could replace
all employees. No deputies had a property right to continued employment.
Williams v. Bagley, 875 S.W.2d 808 (Tex.App. 1994). {N/R}
Federal appeals court discusses case law
pertaining to the termination or demotion of deputy sheriffs for partisan
political reasons. See: Mitchell v. Thompson, 18 F.3d 425 (7th Cir. 1994)
and cases cited at 426-7. {N/R}
Corrections officer was lawfully required
to resign before running as a candidate for county sheriff. Asher v. Lombardi,
877 S.W.2d 628 (Mo. 1994). {N/R}
Detective who sued sheriff alleging her transfers
were actually demotions in violation of her First Amendment rights for
supporting the former sheriff stated a valid cause of action. Morris v.
Crow, 825 F.Supp. 295 (M.D.Fla. 1993). {N/R}
A failure to rehire sheriff's deputies is
the same as terminating them. Adkins v. Miller, 421 S.E.2d 682 (W.Va. 1992).
{N/R}
Federal court upholds damage award and reinstatement
for a firefighter; his termination was a subterfuge for union activities.
Boddie v. City of Columbus, 989 F.2d 745 (5th Cir. 1993). [1993 FP 106]
Divided federal appeals court upholds termination
of deputy who refused to assist the sheriff in his reelection campaign.
Dimmig v. Wahl, 983 F.2d 86 (7th Cir. 1993). See also: Terry v. Cook, 866
F.2d 373 (11th Cir. 1989) and Upton v. Thompson, 930 F.2d 1209 (7th Cir.
1991). [1993 FP 138]
Federal court annuls punishment against state
troopers for off duty campaign activities. Damages and attorney's fees
awarded. Wicker v. Gordon. 813 F.Supp. 676 (E.D.Ark. 1992). [1993 FP 170]
Appellate court strikes down rule that prohibited
firefighters from identifying themselves as city employees when they canvass
voters on issues affecting them. Evanston Firefighters L-742 v. Illinois
St. Labor Rel. Bd., 609 N.E.2d 790 (Ill.App. 1993). [1993 FP 171]
New police chief did not have to reappoint
the person who served as secretary to the former chief. Dismissed worker
was a "confidential employee." Soderstrum v. Town of Grand Isle,
925 F.2d 135 (5th Cir. 1991). [1992 FP 89-90]
State police regulation prohibiting officers
from running for political office is constitutional. Krisher v. Sharpe,
763 F.Supp. 1313 (E.D.Pa. 1991). [1992 FP 106]
If true, demotion of fire official for failure
to only hire patronage employees is a federal civil rights violation. Shanahan
v. City of Chicago, 777 F.Supp. 683 (N.D.Ill. 1991). [1992 FP 170-1]
Assignment of fire official to unfavorable
working hours as retaliation for political activities is a civil rights
violation. Walsh v. Ward, 757 F.Supp. 959 (C.D.Ill. 1991). See also: Rutan
v. Republican Party, 110 S.Ct. 2729 (1990). [1992 FP 58]
Federal appeals court rules that a "policymaking"
employee (who can be lawfully removed for political reasons) is one who
actually exercises policymaking authority, as opposed to a job title arbitrarily
classified as a policymaking position. Lohorn v. Michal, 913 F.2d 327 (7th
Cir. 1990).
An elected official may terminate a key subordinate
who intends to oppose the official in the next election. Zellner v. Ham,
735 F.Supp. 1052 (M.D. Ga. 1990).
Federal appeals court upholds suit by Highway
Patrol captain who was demoted and transferred because he sought appointment
as Superintendent. $400,000 verdict for "other" injuries should
be reduced to $50,000. Darnell v. Ford, 903 F.2d 556 (8th Cir. 1990).
Indiana suit by state trooper who was ordered
to resign immediately following his election as sheriff is settled. Anderson
v. State of Indiana, Indianapolis Star, Nov. 26, 1990.
Police officer, promoted to detective for
his political support of a new mayor, could not be demoted for his opposition
to the successor mayor. Perez v. Cucci, 725 F.Supp. 209 (D.N.J. 1989).
U.S. Supreme Court enlarges job protection
rights for partisan political affiliations. 1976 decision on political
firings now extends to hirings, recall of furloughed employees, promotions
and transfers. Rutan v. Republican Party of Illinois, 58 L.W. 4872, 110
S.Ct. 2729, (Jun. 21, 1990).
Sheriff's lieutenant was unlawfully retaliated
against because he challenged the sheriff in general election. Appeals
court affirms his right to sue to reputational losses and lateral promotional
opportunities. Thomas v. Carpenter, 881 F.2d 828 (9th Cir. 1989).
Bailiffs are confidential employees of the
court, and may be replaced or discharged by the judge for political reasons.
Balogh v. Charron, 855 F.2d 356 (6th Cir. 1988).
Deputy sheriff not entitled to leave of absence
to run for sheriff. Deeds v. Lindsey, 371 S.E.2d 602 (W. Va. 1988).
President of federal civil service employees"
union did not violate Hatch Act by writing news editorials critical of
the Reagan administration. Blalock v. U.S. Merit Sys. Prot. Bd., 851 F.2d
1348 (11th Cir. 1988).
Court bailiff could be dismissed for political
reasons; bailiff was "confidential" at-will employee. Balogh
v. Charron, 666 F.Supp. 987 (E.D. Mich. 1987).
$400,000 compensatory and $200,000 punitive
damages awarded two untenured public employees who were terminated in a
"change of administration." Wallen v. Riley, Unrptd., U.S. Dist.
Ct., summary at 31 ATLA L. Rep. 23, (E.D. Tenn. 1987).
Newly elected sheriff could not fire wife
of ex-sheriff; damage award against sheriff upheld, but not against county.
Soderbeck v. Burnett Co., Wis., 752 F.2d 285 and 821 F.2d 446 (7th Cir.
1987).
Two officers who claimed their demotions
were political, were awarded $133,000 in general and $280,000 in punitive
damages; appellate court orders new trial on evidentiary dispute. Bennis
v. Gable, 823 F.2d 723 (3rd Cir. 1987).
Deputy who ran against Sheriff awarded $750,000
for unwarranted discipline and unfavorable publicity; federal appeals court
affirms. Young v. Langley, 793 F.2d 792 (6th Cir. 1986).
Deputy, terminated after unsuccessful candidacy
to defeat sheriff, awarded $81,466 plus legal fees. Perry v. Larson, 794
F.2d 279 (7th Cir. 1986).
Employee has a first amendment right to avoid
partisan politics; pretextual termination of deputy prompts $114,055 award.
Sykes v. McDowell, 786 F.2d 1098 (11th Cir. 1986).
Lieutenant lawfully suspended for actively
seeking nomination for governor without taking a leave of absence. State
ex. rel. Harkleroad v. New Mex. State Police Bd., 705 P.2d 676 (N.M. 1985).
Candidate for city council election cannot
block candidacy by a police or fire employee until after the election.
Schloer v. Moran, 482 N.E.2d 460 (Ind. 1985).
Police officer could not serve as city councilman
for the same jurisdiction; state statute inapplicable. Schloer v. Moran,
475 N.E.2d 1193 (Ind.App. 1985).
Missouri appellate court upholds prohibition
on electioneering but voids "sponsorship" ban. Ferguson Police
Officers Assn. v. City of Ferguson, 670 S.W.2d 921 (Mo.App. 1984).
Another federal appeals court upholds political
contributions by public employees. Reeder v. Kansas City Bd. of Police
Cmsnrs., 733 F.2d 543 (8th Cir. 1984); second opinion at 796 F.2d 1050
(8th Cir. 1986).
City could fire officer who contributed money
to a candidate for public office. Pollard v. Board of Police Cmsnrs., 655
S.W.2d 333 (Mo. 1984).
Federal court orders back pay and $15,000
for "emotional distress" to deputies who ran against sheriff
in primary. Grysen v. Dykstra, #G83-61, 591 F.Supp. 282, 1984 U.S. Dist.
Lexis 15453 (W.D. Mich. 1984).
Newly elected city councilman automatically
forfeits his city job; cannot take "leave of absence”. Rogers v. Vil.
of Tinley Park, 451 N.E.2d 1324 (Ill.App. 1984).
Federal appeals court upholds ban on political
contributions, solicitations, holding campaign offices, public endorsement
of candidates and ban on employee donations to council candidates. Wachman
v. City of Dallas, 704 F.2d 160, reh. en banc denied, 710 F.2d 837 (5th
Cir. 1983).
Alaska Supreme Court upholds ban on city
employees also serving as elected council members. Acevedo v. City of North
Pole, 672 P.2d 130 (Alaska 1983).
Federal court enjoins ban on non-partisan
political activity by fire and police personnel. Arden v. Vil. of Oak Lawn,
537 F.Supp. 181 (N.D. Ill. 1982).
"Resign to run" rule struck down
by Minnesota supreme court; unpaid leave of absence proper remedy. Holin
v. State of Minn., 1981-82 PBC ¶ 37,380 (Minn. 1981).
Pennsylvania court prohibits trooper from
seeking election as county sheriff. Nicodem v. Commonwealth, Penna. State
Police, 439 A.2d 1325 (Pa. Cmwlth. 1982).
Retaliation against union activities designed
to influence city election was impermissible; coerced resignation found.
Paul v. Davis, 96 S.Ct. 1155 (1976); Reussow v. Eddington, 483 F.Supp.
739 (D. Colo. 1980).
Law barring certain public officials from
seeking elective officer held unconstitutional by federal court in Texas.
Fashing v. Moore, 489 F.Supp. 471 (5th Cir. 1980).
Police officer must take leave while campaigning
for state senate. Otten v. Schicker, 492 F.Supp. 455 (E.D. Mo. 1980) aff'd.
655 F.2d 142 (8th Cir. 1981).
Deputy who sought election as sheriff could
not be terminated for his refusal to take a leave of absence during his
campaign. Vincent v. Maeras, 447 F.Supp. 775 (S.D. Ill. 1978).
$80,000 verdicts against sheriff reversed;
deputies, fired for political activities, claimed civil rights violations.
McCollum v. Stahl, 579 F.2d 869 (4th Cir. 1978).
Federal Court in Cleveland modifies political
activity rule and upholds "chain of command" regulation. McNea
v. Garey, 434 F.Supp. 95 (N.D. Ohio 1976).
New Jersey Appellate Court rules that police
officer cannot also hold office as city councilman. Dunn v. Froehlich,
155 N.J. Super. 249, 382 A.2d 686 (1978).
Federal court upholds federal civil service
commission subpoenas served on city employees; Hatch Act violations under
investigation, rights of city employees outlined. In Matter of Alleged
Political Activity, Philadelphia Redevelopment Authority, 443 F.Supp. 1194
(E.D. Pa. 1977).
Candidacy for Office. Boston Police Patrolmen's
Assn., Inc. v. City of Boston, 326 N.E.2d 314 (Mass. 1975).
Federal court enjoins Rhode Island city from
enforcing anti-candidacy provision against firefighters. Magill v. Lyncy,
400 F.Supp. 84 (D.R.I. 1975).
At-will chief could be fired by Mayor; law
requiring Mayor to give reasons does not create an expectation of employment.
Lee v. Walstad, 368 N.W.2d 542 (N.D. 1985).
Detectives demoted for alleged political
retaliation entitled to pursue a federal rights action. Bennis v. Gable,
604 F.Supp. 244 (E.D. Pa. 1984).
Federal Court awards damages against sheriff
who terminated two deputies who supported the opposition candidate. Grysen
v. Dykstra, 591 F.Supp. 282, 1984 U.S. Dist. Lexis 15453 (W.D. Mich. 1984).
Newly elected sheriff could refuse to rehire
deputies of former sheriff, but not cooks, dispatchers or secretaries.
Whited v. Fields, 581 F.Supp. 1444 (W.D. Va. 1984).
Termination of deputies who opposed sheriff
upheld. Green v. White, 580 F.Supp. 41 (E.D. Tenn. 1984).
Sheriff entitled to show deputy would have
been fired regardless of party affiliation, but jury disagreed. Jones v.
Dodson, 727 F.2d 1329 (4th Cir. 1984).
"Small department exception" recognized
in suit by former employees who claimed their termination was a result
of support for opposing candidate; disloyalty a disruptive factor. McBee
v. Jim Hogg Co. Texas, 703 F.2d 834 (5th Cir. 1983).
Small county sheriff could terminate deputies
who worked for opposition candidate. Dove v. Fletcher, 574 F.Supp. 600
(W.D. La. 1983).
County could fire captain who supported a
challenger. Court found position was policymaking and confidential. Joyner
v. Lancaster, 553 F.Supp. 809 (M.D.N.C. 1982).
Deputy, fired for wearing shirt promoting
the election of sheriff's opponent, entitled to back pay, punitive damages
and other relief. Cerjan v. Fasula, 539 F.Supp. 1226 (N.D. Ohio 1982).
Employees not reappointed by new office-holder
due to political support for opponent were entitled to reinstatement, back
pay. Hinton v. Vetter, 507 F.Supp. 92 (D.N.H. 1981).
Republican sheriff wrongly demoted sergeant
who had supported democrat; sheriff could discipline him for abusive language
to a superior however. Barrett v. Thomas, 649 F.2d 1193 (5th Cir. 1981).
Federal court affirms dismissal of employees
not rehired by sheriff; no proof that political considerations dictated
employment decisions. Tanner v. McCall, 625 F.2d 1184 (5th Cir. 1980).
Supreme court further restricts right to
select public employees on basis of party affiliations. Branti v. Finkel,
100 S.Ct. 1287 (1980).
Patronage employees may not be dismissed
for political party affiliations; Supreme Court affirms seventh circuit.
Elrod v. Burns, 96 S.Ct. 2673 (1976), affirming 509 F.2d 1133.
Federal court, in an unreported decision,
affirms the termination of a D.C. police officer who, while off duty, stuffed
envelopes and performed routine clerical duties as a volunteer in the McGovern
for President headquarters. Wren v. Walter Washington, Unrptd. (D.D.C.
1973).
See also: First Amendment
Related; Free Speech; Wrongful
Discharge.