Court Nixes Case Of Fired Deputy Who Ran Vs. Boss

Faced with the prospect of an election challenge from one of his deputies, Sheriff Paul Parsley of Bullitt County, Ky., fired him for trying "to take my job away from me."

The Supreme Court declined Monday to consider whether the dismissal violated the deputy's civil rights. Lower courts had previously ruled in the sheriff's favor.

The court rejected an appeal that tested whether the First Amendment protects public employees who seek to challenge their boss at the polls. Or, as the lower federal courts said in this case, is the declaration of candidacy "an act of insubordination not protected by the First Amendment?"

The dispute arose in September 2005, when the Louisville Courier-Journal and another newspaper published articles that discussed deputy sheriff David Greenwell's candidacy for sheriff in the county south of Louisville. Parsley summoned Greenwell to his office and asked him about the reports.

When Greenwell confirmed them, Parsley said, "That's all I need to know." He fired Greenwell the same day. The deputy sued Parsley in federal court.

A district court and the 6th U.S. Circuit Court of Appeals in Cincinnati sided with Parsley, but Greenwell suggested in court filings that other appeals courts said that the First Amendment could apply in similar situations.

In the end, neither man got the job. Parsley lost the Democratic primary and Greenwell, a Republican, lost the general election.

The case is Greenwell v. Parsley, 08-1328.