In Bright v. Gallia County, et al, 2:12-CV-00800-JLG-EPD, Bright, a former Gallia County Assistant Public Defender, brought suit alleging that the County Commissioners and the County Public Defender Commission had a constitutional obligation to prevent a local judge from removing him from all felony criminal cases in the Gallia County Court of Common Pleas. Bright and the Common Pleas Court Judge had a disagreement regarding a potential settlement offer that resulted in the Judge removing Bright from all his pending criminal cases. According to Bright, this removal rendered him unable to do his job. Subsequently, the Plaintiff’s employer, a private, non-profit organization created to provide legal services to indigent defendants in Gallia County, terminated his employment.
Plaintiff brought claims against the County Commissioners, the County Public Defender Commission, the Common Pleas Court Judge, and Bright’s former employer in federal court. He alleged violations of his rights under the First and Fourteenth Amendments to the United States Constitution. Finding that the Plaintiff failed to plead any facts that could result in liability on the part of the County or the Commission, the Southern District granted the County Defendants’ Motions to Dismiss. Simply, Plaintiff failed to identify any constitutional right that the County defendants even arguably violated. Bright’s claims against his former employer were also dismissed.