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MONTGOMERY v. CARR

No. 94-4289.

101 F.3d 1117 (1996)

Suzanne MONTGOMERY and Charles G. Montgomery, Plaintiffs-Appellants, v. Harold L. CARR, in his official capacity as President and Chief Executive Officer of the Great Oaks Institute of Technology and Career Development; Board of Education, Great Oaks Institute of Technology and Career Development, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Frederick M. Morgan, Jr. (argued and briefed), Helmer, Lugbill, Martins & Neff, Cincinnati, OH, for Plaintiffs-Appellants.

David M. Kothman (argued and briefed), Edward Earls Santen (briefed), Santen & Hughes, Cincinnati, OH, for Defendants-Appellees.

Before: MERRITT and BOGGS, Circuit Judges; and O'MEARA, District Judge.

BOGGS, Circuit Judge.

In this case brought under 42 U.S.C. § 1983, we settle an issue left open in Wright v. MetroHealth Med. Ctr., 58 F.3d 1130, 1134 n. 3 (6th Cir.1995) — the appropriate level of scrutiny to be applied to an alleged First Amendment associational rights violation caused by a governmental anti-nepotism policy. The plaintiffs, Suzanne and Charles G. Montgomery, are married teachers who work in the...

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