Goldsmith v. Mayor & City Council of Baltimore

ERVIN, Circuit Judge: Ronny J. Goldsmith alleged in her second amended complaint that Baltimore City Ordinance Number 625, effective March 12, 1986, which abolished the Baltimore City Council Office of Financial Review, was enacted for the purpose of removing her as Director of that agency without due process in violation of 42 U.S.C. § 1983. Ms. Goldsmith argues that the ordinance was enacted because she provided information to the media and others concerning improprieties and irregularities in municipal fiscal matters. The trial court entered summary judgment in favor of the defendants on due process, constructive discharge, and tortious interference with contract1 claims and dismissed without prejudice the remaining counts of the complaint. Because we believe that the district court was without subject matter jurisdiction, we reverse the summary judgment decision and remand the case for dismissal of Goldsmith's claims without prejudice.