Phase 2 of the Bailey Group v. Gary Lee Herman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a position that controls the lines of communication of a political actor must be political
• analyzing the duties of a secretarial position to which an appointee of a former mayor had not been appointed by the mayor's successor
• allowing category three where there was no evidence that plaintiff political refusal to rehire mayor’s secretary who answered the provided confidential advice or controlled the lines of phone used by the members of the public wishing to contact communication to anyone
• \[A] failure to rehire is treated no differently than a firing under Elrod and Branti.\
• “a mayor’s secretary is clearly the type of position that involves access to confidential and political material, and political loyalty, whether partisan or personal, is an essential attribute of the job.”
• in analyzing whether a position is subject to patronage dismissal, focus should be on the inherent duties of the position itself, and the duties that the new holder of the position will perform

Source: CourtListener parenthetical corpus (CC0).