# Jay Carper v. Clay County Board of Health > Court of Appeals for the Fourth Circuit · May 17, 2016 · 648 F. App'x 368 URL: https://www.frixlaw.com/law-library/cases/3204173 ## Case - **Full name:** 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 - **Court:** Court of Appeals for the Fourth Circuit - **Decided:** May 17, 2016 - **Citations:** 648 F. App'x 368 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Motz, Harris, Davis - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3204173 ## Opinion text UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1894 JAY CARPER, Plaintiff - Appellant, v. CLAY COUNTY BOARD OF HEALTH, Clay County Health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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3204173. Public record. Not legal advice.