Bruce Messer and Timothy P'simer v. Fran Curci, W. Gayle Foust, Kelly Newton, and Thomas Lykins

BOGGS, Circuit Judge.

Plaintiffs contend that an applicant for government employment states a claim for violation of the applicant’s first amendment rights by alleging that preference was given to other applicants because of their political activities. We hold that such allegation of political patronage hiring, standing alone, does not state a claim for violation of 42 U.S.C. § 1983, and thus we affirm the judgment of the district court dismissing the complaint.

I

Plaintiffs Bruce Messer and Timothy P’Simer challenged the decision of the Kentucky Department of Parks not to hire them for the 1984…