Clark, who served as a school resource officer for the Twinsburg School District, alleged that Sheriff Fatheree rescinded her special deputy commission in November 2024 because Clark attended a campaign event for Fatheree's political opponent, Shane Barker.
The court held that Clark established a prima facie case of retaliation, noting that Fatheree learned of Clark's attendance at the Barker event before the November 18, 2024 rescission, and that the Sheriff ordered the rescission paperwork just eleven days after learning of the attendance.
Sheriff Fatheree argued she had already decided to revoke the commission on October 28, 2024, due to performance concerns and complaints from school officials. However, the court held that genuine disputes of material fact exist regarding the credibility of those performance-based explanations.
Testimony from Twinsburg School District officials contradicted the Sheriff's office accounts, with the district's business manager stating he did not recall receiving requests to remove Clark in October 2024.
The court also rejected Fatheree's qualified immunity defense, ruling that the law was clearly established that special deputies are akin to government employees for First Amendment purposes.
Judge Gaughan emphasized that constitutional protections for political association depend on the individual's relationship with the government, not their job title, citing Supreme Court precedent extending these rights to independent contractors and service providers.
Because Clark survived the qualified immunity hurdle and genuine factual disputes remain regarding the Sheriff's motive, the case will proceed to a jury.