DYE v. OFFICE OF THE RACING COM'N

No. 11-1828.

702 F.3d 286 (2012)

Jeff DYE, Tammie Erskine, Patrick Hall, and Eric Perttunen, Plaintiffs-Appellants, v. OFFICE OF THE RACING COMMISSION; Christine White, individually and in her official capacity as Racing Commissioner; and Gary Post, individually and in his official capacity as Deputy Commissioner, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2012.


Attorney(s) appearing for the Case

ARGUED: Lisa C. Ward , Okemos, Michigan, for Appellants. Jeanmarie Miller , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Lisa C. Ward , Okemos, Michigan, for Appellants. Jeanmarie Miller , Margaret A. Nelson , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees.

MOORE, J., delivered the opinion of the court, in which MERRITT, J., joined., and McKEAGUE, J., joined in part. McKEAGUE, J. (pp. 309-18), delivered a separate opinion concurring in part and dissenting in part.


OPINION

KAREN NELSON MOORE, Circuit Judge.

Four racing stewards employed by the State of Michigan argue that their Democratic supervisors retaliated against them for voicing support for or being perceived as affiliated with the Republican candidate in the 2006 Michigan gubernatorial election. Although certain stewards openly endorsed this candidate in the workplace, others remained silent. Nonetheless, all allege that they were retaliated against on the...

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