Embry v. City of Calumet City, No. 12-1649 (7th Cir. 2012)
Annotate this CaseIn 2007 Calumet City’s Mayor Qualkinbush appointed Embry commissioner, to oversee construction and repair of streets, paving, sidewalks, and other public improvements. Embry supervised day-to-day work, prepared the department’s annual budget, managed payroll and scheduling for 40 employees, and met with the mayor and other department heads to brainstorm improvements. During the 2009 municipal election, Embry campaigned for a team of candidates that included Mayor Qualkinbush and three of the four defendant-aldermen. The three broke party ranks to support Munda. Munda won, creating a rift between the defendant-aldermen and the mayor. Defendants urged Embry to stop supporting the mayor. Embry declined. After the election, the city council merged Embry’s department with the Sewer and Water Department; the Sewer Superintendent planned to retire, and Embry thought that he would be appointed commissioner of the new department. Defendant-aldermen vowed not to ratify Embry’s appointment, so the mayor nominated someone else. The city council approved the new appointment. Embry filed suit under 42 U.S.C. 1983. . Applying the Elrod-Branti line of political-patronage cases, the district court granted defendants summary judgment, concluding that the commissioner is a policy-making position and that Embry could be removed because of his political affiliation. The Seventh Circuit affirmed.
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