Chief Who was Fired after his Wife Ran for Mayor and Lost May Sue for Freedom of Association Infringement

By Mitchell Riese and Mitchel Wilson

private v publicIn motions before the trial court to dismiss for failure to state a claim, the U.S. District Court for the Northern District of Alabama, in Allred v. City of Carbon Hill, denied the motions and permitted Allred’s claims to go to trial.

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Officer Claiming “Anti-Union Animus” Was Terminated for Misconduct, Not Union Ties, Colorado District Court Finds

By Kate Acheson

A police officer’s claim, that his discharge was due to “anti-union animus,” in violation of his freedom of association, was recently dismissed by Colorado District Court in Cillo v. City of Greenwood Village.  The Court found that the discharge was properly motivated by the officer’s misconduct, which violated a suspect’s constitutional rights and department policy, not by any anti-union animus.  [Read more…]

California District Court Denies Most of City’s Motion to Dismiss: City Failed to Follow Own Rules and Regulations

By Kate Acheson

In Hanford Exec. Mgmt. Employees Ass’n v. City of Hanford the court held that an employee Association could pursue its claims that its members faced unlawful discrimination in retaliation for a Vote of No Confidence against the City Manager.  The U.S. District Court for the Eastern District of California has ruled that an Association’s retaliation claim stated a potential basis for finding several constitutional violations and rejected the City’s efforts to dismiss the lawsuit for “failure to state a claim.”

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