Leo Sheppard v. Arthur N. Lee Joe Shirley, Jr. Ambrose Shepherd

Leo Sheppard is a former employee of Apache County, Arizona, who worked with the road maintenance crew on the Navajo Indian reservation. He was fired by the defendants, who are the members of the Apache County Board of Supervisors, because he filed petitions declaring his intention to run for a seat on the Board. The defendants fired him pursuant to a May 16, 1988, amendment to the Apache County employee rules and regulations which provides that “No employee may remain employed if he offers himself for nomination or election to any salaried Apache County, State of Arizona or Federal elective office unless that office will become vacant at the next election by retirement of the elected official.” The Board had unanimously enacted this amendment shortly after Sheppard announced that he intended to run for defendant Shirley’s seat on the Board.

Sheppard sued the defendants, alleging that their firing of him in order to maintain their political offices violated the Sherman Antitrust Act, 15 U.S.C. §§ 1-7 . He also asserted a pendent state claim alleging tor-tious interference with a business relationship. The district court dismissed the action sua sponte on the ground that it lacked…