Opinion

Jay Carper v. Clay County Board of Health

  • 648 F. App'x 368
Court
Court of Appeals for the Fourth Circuit
Filed
May 17, 2016
Status
Unpublished
On the bench
Motz, Harris, Davis
Cited by
0 cases
Authority
More cited than 43.4%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1894

JAY CARPER,

Plaintiff - Appellant,

v.

CLAY COUNTY BOARD OF HEALTH, Clay County Health Department;

NANCY COTTRELL, Individually and As Acting Administrator of

the Clay County Health Department; JOYCE MCLAUGHLIN,

Individually and As President/Acting Director of Clay County

Board of Health; LINDA KLOTZBACH, Individually and As Former

Administrator of the Clay County Health Department; DR. LEELA

PATEL, Individually and As An Employee or Local Health Officer

of Clay County Health Department; CLAY COUNTY COMMISSION; MIKE

PIERSON; JERRY LINKINOGGER; PETER TRIPLETT, Individually and

As An Employee of the Clay County Clerk's Office,

Defendants – Appellees,

and

GREGORY G. SKINNER, Senior Assistant Attorney General, State

of West Virginia; LAURA S. RHODES, Director, The West Virginia

Board of Examiners for Registered Professional Nurses; ANDY

WADELL, Individually and As Poster and Publisher of the

website, www.clayberry.org; DELTA COMMUNICATIONS, LLC, as the

Owner and Operator of the Newspaper Known as “The

Communicator” and the Owner and Operator of the Website,

www.clayberry.org,

Defendants.

Appeal from the United States District Court for the Southern

District of West Virginia, at Charleston. Joseph R. Goodwin,

District Judge. (2:14-cv-12114)

Submitted: April 29, 2016 Decided: May 17, 2016

Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit

Judge.

Affirmed by unpublished per curiam opinion.

Hiram C. Lewis, IV, LEWISLAW, Procious, West Virginia, for

Appellant. Wendy E. Greve, PULLIN, FOWLER, FLANAGAN, BROWN & POE,

PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Jay Carper appeals the district court’s order granting

summary judgment to Defendants — the Clay County Board of Health,

the Clay County Commission, and certain current and former

employees of these entities — on his 42 U.S.C. § 1983 (2012)

complaint. We agree with the district court that Carper has not

supported his claims against Defendants because he presented no

more than a scintilla of evidence that Defendants publicly

disclosed the reason for his termination and that the allegations

resulting in his termination were false. See Dash v. Mayweather,

731 F.3d 303, 311 (4th Cir. 2013) (providing standard).

Accordingly, we affirm the district court’s judgment. Carper v.

Clay Cty. Bd. of Health, No. 2:14-cv-12114 (S.D. W. Va. July 9,

2015). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this

court and argument would not aid the decisional process.

AFFIRMED

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.