Yesterday, the 4th Circuit decided an employment law patronage case and with Judge Wilkinson writing it has some good quotes. The facts are relatively simple. An assistant State's Attorney in Baltimore supported the incumbent in an election for State's Attorney against one of her colleagues who was challenging him. The victor, who gained national exposure as a result of the Freddie Gray riots and litigation, fired the Plaintiff about three days into her tenure as State's Attorney. The lower court dismissed the First Amendment suit and the 4th Circuit affirmed saying: "To hold otherwise would undermine the public mandate bestowed upon the victor of a hard-fought election and would needlessly interfere with a state official's managerial prerogative." In short, because an assistant State's Attorney is charged with significant responsibility and discretion in fulfilling the policy goals of the elected State's Attorney the First Amendment does not protect the assistant from being discharged for supporting the wrong horse in the race. Borzilleri v Mosby http://www.ca4.uscourts.gov/Opinions/Published/161751.P.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC