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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Civil Rights : FMLA – First Amendment – Qualified Immunity

Civil Rights : FMLA – First Amendment – Qualified Immunity

Where a court reporter brought claims against the state and a trial court judge arguing that her rights under the Family Medical Leave Act and First Amendment were violated when she was fired by the judge allegedly because she asked for leave from work to care for her children who had been abused by a nanny and because she criticized the St. Louis prosecutor and police department for their handling of the case, the trial court judge was a public elective office holder and the plaintiff was a member of the judge’s personal staff, so she was not a covered employee under FMLA, and the trial court properly found that the judge was entitled to qualified immunity on the plaintiff’s claim.

Judgment is affirmed.

Hemminghaus v. State (MLW No. 66595/Case No. 13-1566 – 20 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Appealed from U.S. District Court, Eastern District of Missouri, Perry, J. (Susan M. Andorfer, Belleville, Illinois, argued for appellant) (Michael W. Kopp, Jefferson City, argued for appellee; Jase C. Carter appeared on the brief).

Read the full text of this opinion. (PDF)