U. S. District Court Judge permits merit hiring case to proceed against Fletcher.
Today U. S. District Court Judge, Joseph M. Hood, has ruled in the merit hiring (or firing as was the case here) case that Michael Duncan, the former Deputy Inspector General at the state DOT, can proceed with some of his claims against Gov. Fletcher and others, though the court found "[t]here is scant evidence to suggest that Duncan's constitutional rights were violated [for his political association with the Democratic Party, considering that he worked for Fletcher for a year until fired]". Read the opinion here.
The Judge also ruled that discovery in the case may commence, which will keep the hiring investigation another "leg to walk", so to speak, during this fall election.
I wonder if there are settlement talks as I write?
Update: I do not know how many of you have had a chance to read the court's opinion, but the court found Miracle V. Gable, the case cited by other Bloggers (I won't mention names) and the state as DISPOSITIVE of Mike Duncan's case which I pointed out was NOT, as "UNRELIABLE AND NOT ON POINT" (READ page 14 of the opinion)
The opinion also vindicates my position in the case. I had opined that the merit system laws do NOT allow the firing of a state employee, who has NOT attained status -- AFTER 6 months of employment -- for POLITICAL reasons because the laws treat political discrimination as other types of discrimination, such as ethnic, race, gender, age and disability, upon which an appeal can be mounted anytime. (AGAIN read the court's opinion on page 15, and ALL my postings on the case).
The court concluded that to read the laws as providing otherwise "strains credibility", as it denied Gov. Fletcher, Transportation Cabinet Secretary, Bill Nighbert and his former deputy, Jim Adams, "qualified immunity" shielding them from the lawsuit.
I feel VERY GOOD (and I pat myself on the back) about my previous legal analysis, which the court has now accepted as the TRUE state of the law, both constitutional and statutory!
Any thoughts?
The Judge also ruled that discovery in the case may commence, which will keep the hiring investigation another "leg to walk", so to speak, during this fall election.
I wonder if there are settlement talks as I write?
Update: I do not know how many of you have had a chance to read the court's opinion, but the court found Miracle V. Gable, the case cited by other Bloggers (I won't mention names) and the state as DISPOSITIVE of Mike Duncan's case which I pointed out was NOT, as "UNRELIABLE AND NOT ON POINT" (READ page 14 of the opinion)
The opinion also vindicates my position in the case. I had opined that the merit system laws do NOT allow the firing of a state employee, who has NOT attained status -- AFTER 6 months of employment -- for POLITICAL reasons because the laws treat political discrimination as other types of discrimination, such as ethnic, race, gender, age and disability, upon which an appeal can be mounted anytime. (AGAIN read the court's opinion on page 15, and ALL my postings on the case).
The court concluded that to read the laws as providing otherwise "strains credibility", as it denied Gov. Fletcher, Transportation Cabinet Secretary, Bill Nighbert and his former deputy, Jim Adams, "qualified immunity" shielding them from the lawsuit.
I feel VERY GOOD (and I pat myself on the back) about my previous legal analysis, which the court has now accepted as the TRUE state of the law, both constitutional and statutory!
Any thoughts?
Labels: Kentucky Constitution, Kentucky politics, Merit System, The Constitution
posted by KYJurisDoctor at 3:23 PM
3 Comments:
I see nothing beneficial by merely restating a H-L, C-J or a dem talking point memo. How many claims were denied and how many of the defendants' summary judgment motions were granted is the big story.
Why don't you then enlighten the readers? You seem to reject news you deem UNFAVORABLE to a preconceived idea. That is NOT what my blog is interested in doing. I put ALL out there. You can comment or send me tips confidentially as I asked EVERYONE, and I'd be glad to post the truth ONLY.
anon. 7:43 PM: Here are the "granted" and "denied" parts of the opinion (as found on pages 18 and 19):
Mike Duncan's issues allowed to go forward are:
His claim against Nighbert for reinstatement;
His claims for denial of freedom of speech and of association against Fletcher, Nighbert and Adams; and,
the stay delaying discovery is lifted (meaning discovery can now proceed).
Fletcher, Nighbert and Adams won all the other claims, as the Judge dismissed them against Duncan.
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