Davis v. Ockoman

Dist. Ct. did not err in granting defendant-mayor’s motion for summary judgment in section 1983 action alleging that defendant improperly terminated plaintiff from his Senior Humane Officer position with city’s animal shelter for political reasons associated with plaintiff’s refusal to support defendant in his mayoral campaign. While defendant conceded that plaintiff was terminated for political reasons, said termination did not violate plaintiff’s First Amendment rights where city ordinance conferred sufficient policymaking responsibilities that involved high level of discretion in plaintiff’s job such that political loyalty was valid qualification under Rutan, 497 US 62.