Kensington Volunteer Fire v. Montgomery County, Maryland, No. 11-1659 (4th Cir. 2012)
Annotate this CaseA group of local volunteer fire and rescue departments ("LFRDs") and several of their former administrative employees brought suit against Defendants Montgomery County, Maryland, the County Council, and certain county officials contending that Defendants eliminated part of their funding in retaliation for opposing to legislation supported by Defendants. The district court dismissed the LFRDs' complaint, declining to inquire into Defendants’ alleged illicit motive behind an otherwise facially valid budgetary enactment, finding that certain individual defendants were protected by legislative immunity, and concluding that because the individual Plaintiffs were not County employees, they could not bring an abusive discharge claim under state law. Upon review, the Fourth Circuit found no error nor abuse of discretion in the district court's judgment. Accordingly, the Court affirmed the lower court's decision.
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