U.S. District Judge Michael Schneider ruled in an order Aug. 7 that two women who had filed suit against Upshur County and County Clerk Peggy LaGrone, alleging wrongful termination, would be allowed to pursue their claims.

Keisha Bradley, who is black, claims she was fired because of racial discrimination, and Patti Harris, who is white, claims she was fired because of political retaliation.

Upshur County and Ms. LaGrone had moved for summary judgment, requesting that the federal court dismiss all of the former employees’ claims as a matter of law.

The motion was granted in part and denied in part.

The court did, however, dismiss Ms. Bradley’s political retaliation claim, finding that there was not an “adequate connection between Bradley’s political actions and her dismissal.”

The case is expected to go to trial in September.

Attorney Robert Davis of Tyler, who represented Upshur County, had earlier alluded that the case was frivolous and they expected to obtain summary judgment.

In the 19-page ruling, Judge Schneider wrote that “the Court finds that Bradley has sufficiently demonstrated direct evidence of race discrimination.

“Two witness (sic) have testified to LaGrone’s usage of the word ‘nigger,’ (Pct. 1 Comm. James) Crittenden testified that LaGrone had ‘said in reference to Ms. Bradley,’ that little N has got to go,’ and she did not use just N.’”

Additionally, the ruling cited testimony by Melanie Shelton, a former clerk, that “[on] more than one occasion, I heard Peggy LaGrone say that she was ‘going to get that nigger’ with regard to (Chief Deputy Kay) Caine.”

The judge wrote that “Focusing on the comment LaGrone made to Crittendent, the comment satisfies all the criteria for a statement to provide sufficient evidence of discrimination. The comment clearly related to a protected class, African Americans. . . . “

The judge wrote that “There is no question that Harris suffered ana adverse employment action when she was discharged from the office. . . . it can hardly be disputed that Harris’ support of (former County Clerk Robin) Rodenberg’s reelection campaign qualifies as protected speech under the First Amendment. . . . Defendants fail to raise any arguments indicating that Harris’ political allegiance created either an actual or potential decrease in efficiency or disruption in the functioning of the office. As such, the Court finds that Defendants’ interest in promoting governmental efficiency is outweighed by Harris’ exercise of protected First Amendment speech.”

The judge also cited testimony from Ms. Shelton that Ms. LaGrone told her that Patti Harris used to be the Democratic Chairperson and “she was going to have to go. Peggy also said that would lull Patti into a false sense of security and then she would get rid of Patti Harris. . . .Defendants contend that Harris was discharged because she failed to return to work after her medical leave had expired. But, according to Plaintiff’s and LaGrone’s own testimony, Harris’ medical leave could have been extended approximately an additional two months, for a total of six months of leave. . . .