Jay Carper v. Clay County Board of Health

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:14-cv-12114 Copies to all parties and the district court/agency. [999824949].. [15-1894]

Appeal: 15-1894

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UNPUBLISHED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)

Appeal: 15-1894

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Submitted:

Filed: 05/17/2016

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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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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Appeal: 15-1894

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Filed: 05/17/2016

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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.
731

F.3d

303,

311

(4th

Cir.

2013)

See Dash v. Mayweather,
(providing

Accordingly, we affirm the district court’s judgment.

standard).
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

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