context: . The Court notes the existence of authority outside this circuit holding that the existence of a civil service system is a factor in determining the question at issue in this case.
citation_a.signal: but see
citation_a.parenthetical: "state law classification of a position is not determinative in the Branti analysis"
citation_a.sentence: But see Hadfield v. McDonough, 407 F.3d 11, 18 n. 5 (1st Cir.2005) ("state law classification of a position is not determinative in the Branti analysis”).
citation_b.signal: see
citation_b.identifier: 537 F.3d 552, 556-57
citation_b.parenthetical: inclusion in civil service system warrants deference to state legislature's decision to make position nonpolitical
citation_b.sentence: See, e.g., Bavaro v. Pataki, 130 F.3d 46, 50 (2d Cir.1997) (no presumption that positions defined as "exempt" from civil service protection are necessarily exempt from First Amendment protection, but interests of federalism counsel substantial deference to state’s judgment about definition of job position); Waskovich v. Morgano, 2 F.3d 1292, 1299 n. 7 (3d Cir.1993) (position’s exemption from civil protection is "one of the factors to be considered in determining whether a dismissal on political grounds offends the First Amendment"); Fields v. Prater, 566 F.3d 381, 388 (4th Cir.2009) (“whether state law prohibits politically-based hiring for a particular position is relevant to whether political affiliation is ‘necessary for effective job performance’ ”); Stott v. Haworth, 916 F.2d 134, 142 (4th Cir.1990) (exemption from civil service system creates presumption that patronage dismissals are proper); Back v. Hall, 537 F.3d 552, 556-57 (6th Cir.2008) (inclusion in civil service system warrants deference to state legislature’s decision to make position nonpolitical); Hall v. Tollett, 128 F.3d 418, 423 (6th Cir.1997) ("state legislatures have the ability to remove government positions from the political sphere by including them in a civil service system and ... the legislature’s decision as to whether a particular job should be classified as political or nonpolitical is at least entitled ... to ‘some deference.' ”); Fuerst v. Clarke, 454 F.3d 770, 773-74 (7th Cir.2006) (inclusion in civil service system that gives protection to some level of party affiliation “amend[s] the job description" and confirms that political loyalty is not a valid qualification); and Finkelstein v. Bergna, 924 F.2d 1449, 1453 (9th Cir.1991) (noting that a person with civil service status might be in a different and more protected position than a political appointee).