Delores Armour v. The County of Beaver, Pennsylvania, Bea Schulte, Commissioner, in Her Individual Capacity

271 F.3d 417, 18 I.E.R. Cas. (BNA) 178, 2001 U.S. App. LEXIS 24968, 2001 WL 1480299
CourtCourt of Appeals for the Third Circuit
DecidedNovember 21, 2001
Docket00-3431
StatusPublished
Cited by57 cases

This text of 271 F.3d 417 (Delores Armour v. The County of Beaver, Pennsylvania, Bea Schulte, Commissioner, in Her Individual Capacity) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delores Armour v. The County of Beaver, Pennsylvania, Bea Schulte, Commissioner, in Her Individual Capacity, 271 F.3d 417, 18 I.E.R. Cas. (BNA) 178, 2001 U.S. App. LEXIS 24968, 2001 WL 1480299 (3d Cir. 2001).

Opinions

POLLAK, District Judge.

In this case, plaintiff-appellant Delores Armour claims that her First Amendment rights were violated when she was fired from her position as secretary to defendant-appellee Bea Schulte, then a County Commissioner of defendant-appellee Beaver County, Pennsylvania (“the County”). Armour contends that she was terminated because of her political beliefs, and hence that her termination contravened the general rule against political patronage dismissals established in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976) and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980). The District Court granted summary judg[419]*419ment in favor of the County and Schulte, on the ground that the County and Schulte had satisfied the burden of establishing that political affiliation was an appropriate requirement for the secretarial position. Additionally, the District Court found, sua sponte, that appellant had failed to adduce sufficient evidence to enable a fact-finder to infer that her termination was politically motivated-i.e., to infer that, as Armour contended, Schulte decided to terminate her based on the perception that Armour was supporting a candidate other than the one backed by Schulte in a campaign for a local judgeship.

For the reasons that follow, we reverse.

I. Factual and Procedural Overview

Armour and Schulte met when Armour volunteered to work on Schulte’s 1995 campaign as a Democratic candidate for the office of County Commissioner. Armour was one of a number of people working on Schulte’s campaign. As part of her involvement in the campaign, 2 Armour attended campaign committee meetings, traveled with Schulte to polling locations and political functions, attended fund-raising events, and placed Schulte’s signs throughout the voting district. After winning the election, Schulte offered to hire Armour as her secretary. Armour accepted and began her employment as Schulte’s secretary in January 1996. According to Armour’s deposition testimony, once hired, she relinquished her political role and turned her attention to the clerical tasks of the job, at least during work hours. Armour testified that she spent approximately half of her time working for Schulte and that, in the balance of her time, Armour-like the other commissioners’ secretaries-performed clerical tasks under the supervision of the Chief Clerk of the County. Armour testified that in January, 1999, Joseph Askar, a Democrat seeking election to a local judgeship, approached her with logistical questions about running a campaign; she answered Askar’s questions but took no other action on his behalf. The parties agree that in early February Schulte learned of Armour’s contact with Askar — who was running against the Democratic candidate supported by Schulte and the local party establishment — and questioned Armour about her involvement with Askar’s campaign.

At about the same time, Armour proposed that the County create a human service coordinator position and hire her for the position. Schulte testified that she raised the possibility with the other commissioners and that they decided against creating the position. Instead, in late February, 1999, Schulte offered Armour a part-time clerical position at a geriatric center earning a lower salary and asked Armour to go home and think about the offer.1 The next day Armour took a personal day off. The testimony of Schulte and Armour indicates that, on February 26, when Armour was next in the office, Schulte asked Armour whether she had made a decision about taking the geriatric center position. Schulte testified that “[Armour] told me that I would have to speak to her attorney.” Armour testified that she told Schulte that “if [Schulte] had some work for me to do I’d be more than happy to go back to her office, but if it was about the job offer, I was requesting she wait until my attorney was present to discuss it.” App. at 77 (Armour Dep. at 101). The parties are in agreement that Schulte then advised Armour that she was terminated.

[420]*420Armour filed suit under 42 U.S.C. S 1983 in the United States District Court for the Western District of Pennsylvania against the County and also against Schulte in her individual capacity. The County and Schulte moved for summary judgment on the ground that political affiliation was an appropriate job requirement for the position of secretary to a Beaver County Commissioner. In their summary judgment motion, appellees acknowledged that the question whether Armour was fired based on her political affiliation “involve[s] disputes over issues of material fact best left for trial.” The District Court granted summary judgment in favor of Schulte and the County based both on the appropriateness of a political-affiliation job requirement and on the lack of evidence that Armour’s political affiliation was the cause of her termination.

II Standard of Review

We exercise plenary review of the District Court’s decision to grant summary judgment. See Assaf v. Fields, 178 F.3d 170, 171 (3d Cir.), cert. denied, 528 U.S. 951, 120 S.Ct. 374, 145 L.Ed.2d 292 (1999). In doing so, we must apply the same test that the district court must apply. See Chipollini v. Spencer Gifts, Inc., 814 F.2d 893, 896 (3d Cir.)(en banc), cert. denied, 483 U.S. 1052, 108 S.Ct. 26, 97 L.Ed.2d 815 (1987). Reviewing the record as a whole, we will “draw all reasonable inferences in favor of the non-moving party” and will not weigh the evidence or make credibility determinations. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). If it appears that “there is no genuine issue as to any material fact” and the movant is entitled to judgment at a matter of law, we will affirm a grant of summary judgment. Fed.R.Civ.P. 56(c). Of course, we will give credence to “ ‘evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that evidence comes from disinterested witnesses.’ ” Reeves, 530 U.S. at 151, 120 S.Ct. 2097 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

In lawsuits such as the present one, in which the plaintiff is a government employee raising a First Amendment political discharge claim, the usual standard of review for grants of summary judgment is modified in that it is up to the defendant government employer to prove that political affiliation is an appropriate requirement for the job. “Since ... it is the government’s burden to demonstrate an overriding interest in order to validate an encroachment on protected interests, the burden of establishing this justification” rests with the government employer. Elrod, 427 U.S. at 368, 96 S.Ct. 2673. Moreover, in Zold v. Township of Mantua, 935 F.2d 633

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271 F.3d 417, 18 I.E.R. Cas. (BNA) 178, 2001 U.S. App. LEXIS 24968, 2001 WL 1480299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delores-armour-v-the-county-of-beaver-pennsylvania-bea-schulte-ca3-2001.