United States District Court judge Aleta A. Trauger found insufficient evidence that former Macon County Election Commissioner George W. (Jack) Leath should be reappointed to the position and receive monetary compensation for dismissal from his post as Election Commissioner.

Leath claims that the commission was acting unconstitutionally by retaliating against him for a phone conversation he had with Tennessee elections Coordinator Brook Thompson regarding what he considered legal issues and violated his constitutional rights when they replaced him as Macon County Election Commissioner.

The former commissioner named Henry Polston, Sue Lynn Smith, Georgia Ann Boles, Howard (Butch) Ellis and Obera Morgan, individually and in their positions as members of the Macon County Election Commission and Macon County as defendants. He ask for damages in excess of $172,000, claiming that his replacement was in retribution for exercising his right of free speech on matters of political, social or other public concern and in direct violation of the policies and procedures of the Macon County Election Commission.

The sum $72,000 was requested in compensatory damages and $100,000 was sought in punitive damages. He was also asking for recovery of legal fees and other expenses.

Judge Trauger ruled that Leath's statement was not sufficient enough to prove the actions of the commissioners was retaliatory and dismissed the case. Leath was replaced by Dianne Cline in May 2003.