131566P.pdf   07/01/2014  Nadine Hemminghaus  v.  State of Missouri
   U.S. Court of Appeals Case No:  13-1566
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Riley, Author, with Wollman and Shepherd, Circuit 
   Judges] 
   Civil Case - Family Medical Leave Act. Grant of summary judgment to 
   Missouri circuit judge in in FMLA claim brought by judge's court reporter 
   is affirmed, as court reporter is not an eligible employee under the FMLA 
   because she is a personal staff member of a public elective office holder. 
   In the context of 29 U.S.C. sec. 203(e), the state circuit judge is a 
   public elective office holder and court reporter was "selected by the 
   judge to be a member of his personal staff." In a claim of First Amendment 
   retaliation, district court correctly granted summary judgment on the 
   basis of qualified immunity to the judge. The district court correctly 
   determined that the speech related to a matter of public concern in part, 
   but also concluded there was sufficient evidence of disruption to the 
   workplace. Given the court reporter's position and the weight of the 
   judge's interest in impartiality and public confidence in the courts, it 
   was reasonable for the judge to be concerned about any potential conflict 
   of interest, and it was not clearly established that the termination of an 
   insubordinate employee who compromised the propriety and efficiency of his 
   courtroom could violate her right to free speech.