# Horn v. Kean

> Court of Appeals for the Third Circuit · July 16, 1986 · 796 F.2d 668

URL: https://www.frixlaw.com/law-library/cases/8942926

## Case

- **Full name:** Patricia HORN, Mary Jane Reed, Edward Munley, Marvin Olinsky, Michael Tango, and the New Jersey Motor Vehicle Agents Association, Marie Luberto, Raymond E. Littleford, Joseph Nemyo, John Letz, Florenne D. Sweethood, J. Harold Webb, Leona B. Clyde, and Ann Laonne v. Thomas KEAN, Governor of the State of New Jersey, Irwin Kimmelman, Attorney General State of New Jersey and Clifford Snedeker, Director of Motor Vehicles State of New Jersey
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** July 16, 1986
- **Citations:** 796 F.2d 668; 1 I.E.R. Cas. (BNA) 693
- **Precedential status:** Published
- **Opinion:** Concurrence by Seitz
- **Judges:** Adams, Aldisert, Diamond, Garth, Gibbons, Higginbotham, Mann, Mans, Seitz, Sloviter, Stapleton, Whom
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Board of Comm'rs, Wabaunsee Cty. v. Umbehr, 518 U.S. 668 (1996).
- Negative treatments: 2
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8942926

## How later opinions describe it (automated extraction)

- holding that constitutional protection does not protect against patronage dismissal of state motor vehicle agents because the judiciary "has an obligation to respect political choices”
- holding that independent contractors whose contracts were terminated following a change in administration were not protected by the First Amendment
- rejecting view that independent contractors can be treated differently than employees for First Amendment purposes
- applying New Jersey law to determine plaintiffs’ employment status in a civil rights action

## Opinion text

SEITZ, Circuit Judge,
concurring.
While I join in the essential points made and the result reached in Chief Judge Aldisert’s opinion, I write merely to note that I do not find it necessary to speak to some of the elaboration contained therein, e.g., the implicit criticism of the incorporation doctrine.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8942926. Public record. Not legal advice.