Messer v. Curci

OPINION AND ORDER

BERTELSMAN, District Judge.

“To the Victor Belong the Spoils of the Enemy.” — William L. Marcy, 1832

Defendants’ motion to dismiss in this action presents the court with a significant issue, namely, whether the rule of Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), prohibiting firings of non-policy making public employees for reasons of political patronage, applies to hirings of such employees. Considering the age of the Elrod decision and the long standing practice of making such personnel decisions on the basis of patronage, there is remarkably little…