Circuit Judge David W. Hummel Jr. granted the defendants’ motion to dismiss May 1, according to an order filed in Wetzel Circuit Court.
The plaintiff, Eric Burke, did not plead sufficient facts to support a claim that the defendants violated his Constitutional rights by filing to run and campaigning for the office of Wetzel County Assessor, according to the order.
“Plaintiff alleges that in November 2015, plaintiff registered to run for the elected position of County Assessor, which was held by Defendant Scott Lemley,” the order states. “Plaintiff further alleges that, in May 2016, plaintiff lost the election and eight months after plaintiff registered to run for Wetzel County Assessor, plaintiff alleges that he was notified that he was being discharged based upon his poor job evaluation dated June 9, 2016.”
The plaintiff did not allege that the defendants took any action to have the plaintiff removed from the ballot, according to the order.
“By the express terms of his complaint, plaintiff wished to run for public office and did so without interference from defendants,” the order states. “Thus, plaintiff does not plead sufficient facts to support his claim that defendants violated plaintiff’s right to run for public office.”
Burke filed the lawsuit Sept. 29 and, alleged that in March 2015, he applied for leave under the Family Medical Leave Act for surgery scheduled the following month. He was released to return to work on Aug. 12, 2015.
Upon returning to work, Burke claimed he was harassed and discriminated against by Lemley. He also alleged he was suspended on Sept. 11, 2015, for failing to sign a discipline statement and returned to work on Oct. 1, 2015.
Burke registered and ran for Wetzel County Assessor, but lost to Lemley, who won re-election in May 2016. Burke alleged two months later, his employment was terminated.
The plaintiff claimed his employment was terminated for exercising his Constitutional rights to run for public office.
Burke was seeking trial by jury, judgment against the defendants in an amount to fully compensate him for his monetary injuries, losses and damages. He was represented by attorney Jeffrey A. Grove of Grove, Holmstrand & Delk.
The Commission and Lemley were represented by Karen T. McElhinny, Roberta F. Green and Caleb B. David of Shuman, McCuskey & Slicer.
Wetzel Circuit Court Case number 16-c-91
