On June 3, 2014, the Sixth Circuit affirmed the District Court’s dismissal of all claims against the Gallia County Board of Commissioners, the County Public Defender Commission, and the County Criminal Defense Corporation (hired by the County and the Commission to provide public defender services). See Bright v. Gallia County, et al., Case. Nos. 13-3451/13-3907. In Bright, Plaintiff, a former Public Defender sued the County, and others, after he was removed from nearly 70 cases before one of the Defendants. As a result of Bright’s removal from 70 cases by one of the Defendants, Bright’s employment was terminated since he could no longer represent a majority of its clients. Bright argued that Defendants should have intervened and protected his employment preventing his termination. The District Court and Sixth Circuit disagreed. A municipality cannot be held liable solely because it employs a tortfeasor—a plaintiff must adequately establish that a violation of federal law occurred under color of state law and that the municipality’s policy or custom caused that violation to happen. The Sixth Circuit affirmed that Bright failed to state sufficient facts that would suggest a violation of federal law.
The Sixth Circuit also overturned the District Court’s denial of immunity to Judge Evans, one of the Defendants in the case. Judge Evans was the Defendant that removed Bright from the 70 cases. Although Judge Evans may have inappropriately removed Mr. Bright from cases, the Judge was still entitled to judicial immunity. His actions were judicial in nature and were taken in cases in which he had jurisdiction.