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AVERY v. JENNINGS

No. 85-3075.

786 F.2d 233 (1986)

DeBorah L. AVERY, Plaintiff-Appellant, v. Robert JENNINGS, John E. Held, Joseph DeCourcy, Jr., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 20, 1986.

Attorney(s) appearing for the Case

Robert B. Newman (argued), Cincinnati, Ohio, for plaintiff-appellant.

James W. Harper (argued), Asst. Pros. Atty., Cincinnati, Ohio, for defendants-appellees.

Before MERRITT and MARTIN, Circuit Judges, and JOHNSTONE, Chief Judge.

MERRITT, Circuit Judge.

The question presented here is one of first impression: To what extent does the first amendment principle prohibiting political discharge of government employees, established in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980), apply to political hiring decisions...

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