Shirokey v. Marth

Defendant-appellants, Robert Marth, et al, timely appeal the trial court's granting of summary judgment in favor of plaintiff-appellee/cross-appellant, Joseph Shirokey, on his 42 U.S.C. Sec. 1983 action. For the following reasons, we affirm the decision of the trial court.

Appellee Joseph Shirokey is employed as a firefighter by appellant City of Cleveland Heights (hereinafter "the City") and is a classified civil service employee. On June 23, 1984, appellee took a written examination given by the City for promotion to thee position of Fire Lieutenant. Appellee placed fourth on the eligibility…