Monica Aldinger, a Single Woman v. Merton L. Howard, Individually and in His Capacity as Treasurer of Spokanecounty, and Jane Doe Howard, His Wife

Before CARTER, WRIGHT and WALLACE, Circuit Judges.

This is an appeal from an order dismissing appellant’s action against Spokane County, Washington. The order of dismissal was certified by the district court, pursuant to Fed.R.Civ.P. 54(b), as appropriate for immediate appellate review. We have jurisdiction under 28 U.S.C. § 1292 (b).

Appellant Monica Aldinger sued Spokane County, its county commissioners, and its elected county treasurer, Howard, and his wife. She sought injunctive and declaratory relief and damages for what she claimed was her wrongful dismissal from employment in the county treasurer’s office.

This dismissal, she asserted, was based solely on the allegation that she had been “living with [her] boy friend,” and as such was subject to redress under the Civil Rights Act of 1871 [ 42 U.S.C. §§ 1983 and 1988] as a violation, under color of state law, of her constitutional rights under the First, Fifth, Ninth, and Fourteenth Amendments. Appellant also asserted that these same facts gave rise to a cause of action against the county under Wash.Rev.Code § 4.08.120 (1973) (providing for vicarious liability of counties in certain situations), and asked the…