McKINNEY v. BOARD OF TRUSTEES OF MAYLAND COM. COL.

No. 91-1523.

955 F.2d 924 (1992)

Ronald McKINNEY; Jean Johnson; Juanita Blake; Pat Phillips; Eugene W. Morgan; Ralph Rice; Barbara McKinney, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF MAYLAND COMMUNITY COLLEGE; Virginia Foxx, in her official and individual capacity; Richard L. Muri, in his official and individual capacity; Evelyn B. Dobbin, in her official and individual capacity; Frank H. Fox, in his official and individual capacity; Hal G. Harrison, in his official and individual capacity; Fred O. Hughes, in his official and individual capacity; Ted M. McKinney, in his official and individual capacity; J. Ardell Sink, in his official and individual capacity; Bill J. Slagle, in his official and individual capacity; Saxton Hall Smith, in his official and individual capacity; Barbara Timberman, in her official and individual capacity; J. Todd Bailey, in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1992.


Attorney(s) appearing for the Case

John West Gresham, Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A., Charlotte, N.C., argued (C. Margaret Errington, on brief), for plaintiffs-appellants.

Michelle Rippon, Van Winkle, Buck, Wall, Starnes & Davis, Asheville, N.C., argued, for defendants-appellees.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and SHEDD, District Judge for the District of South Carolina, sitting by designation.


OPINION

ERVIN, Chief Judge:

The plaintiffs,1 former employees of Mayland Community College, which is a part of the North Carolina community college system, sued the defendants in state court alleging that they had been unlawfully discharged because of their political affiliations, or, in the case of Barbara McKinney, for writing a letter critical of how the college selected its president. The defendants removed the case to federal...

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