Town Obtains Summary Judgment Against Department Director’s First Amendment, USERRA Claims
Katie Weaver Hartzog and Michael Cohen obtained summary judgment in a federal action brought by the Director of a Town’s Parks and Recreation Department. Plaintiff alleged that the Town terminated his employment because of his political affiliation, in violation of the First Amendment, and because of his military service, in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Plaintiff also alleged that the Town violated USERRA by creating a hostile work environment based on his military service. The Eastern District of North Carolina granted summary judgment in the Town’s favor, finding, in relevant part, that Plaintiff could not produce enough evidence to convince a reasonable jury that the Town acted unlawfully pursuant to his political affiliation or military service.