CINCINNATI — Federal appeals judges Tuesday rejected a lawsuit by Samuel J. Wurzelbacher that claimed his rights were violated by a state records search after he voiced public concern over taxes to then-candidate Barack Obama.
The three-judge 6th U.S. Circuit Court of Appeals panel upheld a lower court’s dismissal of the lawsuit.
Wurzelbacher of the Toledo area became nationally known as “Joe the Plumber” during the 2008 presidential campaign after the much quoted discussion about taxes with Obama.
He contended his First Amendment and privacy rights were violated by three Ohio Job and Family Services officials who were Obama supporters and who searched databases for information about him soon after the discussion. The department’s director and another official resigned, and the third official was ousted in the aftermath of the searches.
The judges found that Wurzelbacher wasn’t harmed and there was no interference with his free speech by the “fruitless database searches” conducted.
“Our conclusion is supported by the fact that Wurzelbacher was not deterred or chilled in the exercise of his First Amendment rights as a result of defendants’ wrongful conduct,” wrote Judge Richard A. Griffin, a George W. Bush appointee. The court said Wurzelbacher failed to show “a sufficient adverse action.”
Front Section, Pages 3 on 03/28/2012