Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Loftus v. Bobzien

By
Plaintiff, a former assistant county attorney, was terminated from her employment after she was elected to the City Counsel. Plaintiff filed suit challenging the County Attorney's decision to terminate her employment, contending that the County Attorney's actions violated her rights under the federal and state constitution, as well as a county ordinance. The district court dismissed the complaint. The court explained that, although plaintiff claims her termination was in violation of the First Amendment, the Supreme Court has made clear that public employers may permissibly bar their employees from participating in a wide array of political activities, including running for elective office. In this case, the record reflects multiple potential points of conflict that could face plaintiff as a member of the City Council and an attorney in the Fairfax County Attorney’s Office. Therefore, the court rejected plaintiff's First Amendment arguments. Because plaintiff's termination did not violate the First Amendment, her section 1983 claim was also properly dismissed. Finally, the district court did not err in dismissing plaintiff's state law claim under Virginia Code 15.2-1512.2 and Fairfax County Ordinance 3-1-19. Accordingly, the court affirmed the judgment. View "Loftus v. Bobzien" on Justia Law