KANSAS CITY — A federal judge has granted partial summary judgment to a former deputy sheriff in Christian County who claims he was fired for supporting the opposing candidate in a sheriff's election in August 2015.
Plaintiff Robert Curtis sued Christian County Sheriff Brad Cole and the County for his firing on the day Cole took office—Aug. 7, 2015—claiming the defendants violated his First Amendment rights, and is seeking compensatory damages and attorneys' fees.
An Oct. 29 order signed by U.S. District Judge Stephen R. Bough granted summary judgment to Curtis on the question of whether Cole had the relevant final policy-making authority for purposes of municipal liability at the time he fired Curtis.
According to the order, Cole and Christian County had objected to many of plaintiffs statements of undisputed material fact.
However, Bough wrote that none of the objections raised a "genuine dispute of any fact material to the issue of final policymaking authority for § 1983 purposes."
He further held that the material facts were uncontested—defendants do not controvert that Cole was sworn in on Aug. 7, 2015, and that on the same day he fired Curtis and another employee. Further, they do not controvert that Cole has the authority to hire and fire his deputies.
"Nor do Defendants make any showing that the decisions of sheriffs to terminate deputies are subject to administrative review," Bough wrote. "Instead, Defendants rely on mere denials. Therefore, there is no genuine dispute of material fact regarding the issue of whether Defendant Cole possessed the relevant final policymaking authority."
Bough's order also addressed that such policy-making authority was relevant under the law.
"In this case, Plaintiff alleges that the violation of his constitutional rights was caused by Defendant Cole’s act of terminating his employment pursuant to the final policymaking authority delegated to Defendant Cole in the area of dismissing deputy sheriffs," the order stated. "If Defendant Cole has final policymaking authority in this particular area, then he is the relevant final policymaker for § 1983 purposes and his decisions pursuant to this authority constitute the official policy of Defendant Christian County."