Balogh v. Charron, Civ. No. 86-CV-72277-DT.
| Court | United States District Courts. 6th Circuit. United States District Court (Western District Michigan) |
| Writing for the Court | COHN |
| Citation | 666 F. Supp. 987 |
| Docket Number | Civ. No. 86-CV-72277-DT. |
| Decision Date | 31 August 1987 |
| Parties | Lawrence BALOGH, Plaintiff, v. Raymond CHARRON, Defendant. |
666 F. Supp. 987
Lawrence BALOGH, Plaintiff,
v.
Raymond CHARRON, Defendant.
Civ. No. 86-CV-72277-DT.
United States District Court, E.D. Michigan, S.D.
August 31, 1987.
Stephen Remski, Detroit, Mich., for plaintiff.
Richard Zapala, Asst. Atty. Gen., Tort Defense Div., Lansing, Mich., for defendant.
MEMORANDUM AND ORDER
COHN, District Judge.
I.
This is a civil rights case under 42 U.S.C. § 1983. Plaintiff, a court officer, claims he was wrongfully discharged for political reasons in violation of his First Amendment rights by defendant, a newly elected district judge for the 26th District Court, County of Wayne, State of Michigan. The background of the case is described in the Order of June 15, 1987. Before the Court is defendant's motion for summary judgment on grounds that defendant's choice of a court officer is discretionary.
At a hearing on June 15, 1987, defendant's motion was denied without prejudice because of a lack of documentation. The parties have supplemented the record. Defendant has filed a list of undisputed facts supported by the affidavits of defendant and George Mihaiu, his predecessor. Plaintiff has filed a summary of disputed facts and an affidavit. For the reasons which follow, the Court finds that defendant's discharge of plaintiff for political reasons does not violate plaintiff's constitutional rights; accordingly defendant's motion is GRANTED and this case is DISMISSED.
II.
Based on the pretrial depositions and affidavits of plaintiff, defendant, and defendant's predecessor the following material facts are not in dispute.
Plaintiff was hired by defendant's predecessor. On retirement of the predecessor, the judgeship was contested by the defendant and another lawyer. Plaintiff supported the other lawyer. Upon assuming the judgeship, defendant discharged plaintiff because of plaintiff's support for his opponent.
The 26th District is a single-judge court located in a relatively small community.
The court officer is an at will employee who serves at the pleasure of the judge. The court officer is ordinarily a friend and confidant of the judge. He receives and transmits confidential information; acts as a liason with the police department, manages the docket; maintains order in the courtroom; and handles the jury. The court officer makes phone calls on behalf of the judge; has routine access to the files and records of the judge, including personal notes. The court officer is responsible for the...
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Faughender v. City of North Olmsted, Ohio, No. 90-3107
...The opinion of this court in Balogh v. Charron, 855 F.2d 356 (6th Cir.1988) (affirming Judge Cohn's opinion reported at Page 918 666 F.Supp. 987 (E.D.Mich.1987)), expressly recognized the confidential employee/personal staff exemption relied on by the earlier opinion of the trial judge in t......
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Balogh v. Charron, No. 87-1910
...the judge's opponent in a recently concluded judicial election. We agree with the decision of District Judge Avern Cohn, reported at 666 F.Supp. 987 (E.D.Mich.1987), that the bailiff to the judge, like an administrative or legislative aide to a legislator, is a confidential employee. As a j......
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Faughender v. City of North Olmsted, Ohio, No. 90-3107
...The opinion of this court in Balogh v. Charron, 855 F.2d 356 (6th Cir.1988) (affirming Judge Cohn's opinion reported at Page 918 666 F.Supp. 987 (E.D.Mich.1987)), expressly recognized the confidential employee/personal staff exemption relied on by the earlier opinion of the trial judge in t......
-
Balogh v. Charron, No. 87-1910
...the judge's opponent in a recently concluded judicial election. We agree with the decision of District Judge Avern Cohn, reported at 666 F.Supp. 987 (E.D.Mich.1987), that the bailiff to the judge, like an administrative or legislative aide to a legislator, is a confidential employee. As a j......