Labor & Employment Law

6th Circuit Court of Appeals holds deputy sheriff fired for candidacy, not political activity

6th Circuit Court of Appeals holds deputy sheriff fired for candidacy, not political activity

Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved

Greenwell v. Parsley, ___F.3d___(6th Cir. Sep't. 2, 2008) is an interesting First Amendment case. In a relatively short opinion, the 6th held that a sheriff who terminated his deputy immediately after reading in a newspaper article that the deputy planned to run against him in the next election did not violate the deputy's First Amendment right to engage in political activity. Responding to the deputy's claim that he was fired because he spoke out on a matter of public concern, namely the operation of the sheriff's department, the court, stated, "While the First Amendment protects the right of public employees to speak out on matters of public concern, it has not been extended to candidacy alone." Although the sheriff, while reading the newspaper article, highlighted statements the deputy made regarding changes he would make to the department if elected, the court emphasized that the termination occurred at the moment the sheriff learned of his deputy's candidacy, noting "In short, 'The First Amendment does not require that an official in [an employer's] situation nourish a viper in the nest.'"

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on September 30, 2008 (boomark / email).