Faughender V. City Of North Olmsted

This case requires us to revisit the question of when the first amendment's guarantee of freedom of speech prevents a city from firing or refusing to hire a non-civil service employee for political reasons. Barbara Faughender appeals from a grant of summary judgment for the defendants on her state and federal claims arising out of the refusal of the new mayor of North Olmsted, Ohio, Yvonne Petragic, to reappoint her as secretary to the Mayor. Faughender sued in district court, alleging that the city violated 42 U.S.C. § 1983 by denying her government employment because of her political beliefs and associations, in violation of the first amendment. Her suit also alleged three state-law claims arising out of the same refusal to hire her; breach of an employment contract, promissory estoppel, and discharge in violation of public policy. For the reasons that follow, we affirm the grant of summary judgment on her first amendment claim and reverse the grant of summary judgment on her state-law claims.