Sunday, April 08, 2018

Fired Magistrate Has Due Process But Not Equal Protection Claim

In Edelstein v. Stephens, (SD OH, March 31, 2018), an Ohio federal district court adopted in part and rejected in part a magistrate's recommendations and held that a magistrate/ staff attorney who was fired after she requested eight days off for Jewish holidays had failed to allege an equal protection violation. However, the court concluded that plaintiff had adequately alleged a due process violation in her claim that her employment was terminated in a manner that "created the impression that Plaintiff had committed a serious violation of procedure, law or ethics and devastated Plaintiff's reputation in the legal community."