Mahn v. Jefferson County

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Howard, the circuit court clerk, hired Mahn as a deputy clerk. In 2014, Howard did not run for reelection. He supported fellow Democrat McKee. According to Mahn, Howard “summoned [her]” to “forcefully impress upon [her] the need for her to vote for McKee and the Democratic ticket.” She responded, “what you’re threatening is unconstitutional.” Mahn voted in the Republican primary election. She alleges that three weeks later, Howard told her: “ I know how you voted ... this could cause you your job.” Weeks later, Howard terminated Mahn’s employment, citing: “Poor work performance, unable to complete tasks correctly and within given time lines. Abuse of sick leave, insubordination by lying to assigned supervisor.” Mahn alleges that Wesley—Howard’s son, the county clerk—had “access to all voter information.” Mahn brought a First Amendment patronage-discharge claim under 42 U.S.C. 1983 against Jefferson County, Missouri; Howard and Wesley, individually and in their official capacities; and Reuter, in his official capacity as (successor) circuit clerk. The district court rejected the claims on summary judgment. The Eighth Circuit affirmed with respect to Wesley and the county. Besides her speculation that Wesley told Howard how she voted, Mahn has not presented any evidence that he improperly influenced her termination. The court remanded in part. Howard and Reuter have not established Howard would have terminated Mahn anyway for her performance issues. View "Mahn v. Jefferson County" on Justia Law