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Rosemary A. Millus v. Ronald J. D'angelo, Commissioner, Frederick M. Umane, Secretary, Weyman A. Carey, Commissioner, Douglas A. Kellner, Commissioner, Vincent J. Velella, Commissioner, Stephen Weiner, Commissioner, Michael Cohen, Commissioner, and New York City Board of Elections

Citations: 224 F.3d 137; 2000 U.S. App. LEXIS 23224Docket: 2000

Court: Court of Appeals for the Second Circuit; September 12, 2000; Federal Appellate Court

Narrative Opinion Summary

In this case, the plaintiff appealed a judgment from the United States District Court for the Eastern District of New York, which dismissed her First Amendment claim against the New York City Board of Elections and several commissioners following her termination as Elections Day Operations Coordinator. The plaintiff contended that her dismissal was unconstitutional as her position did not involve political patronage, referencing Branti v. Finkel. However, the court found this argument unpersuasive, concluding that political affiliation was a legitimate requirement for her role due to the rational connection between political ideology and job performance, as aligned with the criteria in Vezzetti v. Pellegrini. The court indicated that the plaintiff's loyalty to a defeated party official over the elected official justified her termination. The district court granted summary judgment in favor of the defendants, indicating that the plaintiff did not present any genuine issues of material fact regarding the grounds for her dismissal. The appellate court affirmed the district court's judgment, agreeing with its legal reasoning and conclusions, thereby upholding the dismissal of the plaintiff's First Amendment claim.

Legal Issues Addressed

First Amendment Protection of Public Employees

Application: The court determined that the First Amendment did not protect the plaintiff's employment as her position was deemed to involve political patronage.

Reasoning: Millus argued that her position was not one of political patronage and thus should be protected under the First Amendment, citing the case of Branti v. Finkel.

Political Patronage in Public Employment

Application: The court found that political affiliation was a valid job requirement, as there was a rational connection between political ideology and job performance.

Reasoning: The court found that her position did indeed constitute political patronage, as political affiliation is a valid job requirement when there is a rational connection between ideology and job performance.

Summary Judgment Standards

Application: The court concluded that there were no genuine issues of material fact regarding the reasons for the plaintiff's termination, justifying summary judgment in favor of the defendants.

Reasoning: The court also concluded that there were no genuine issues of material fact regarding the reasons for Millus's termination.