BRYANT v. VILLAGE OF BALD HEAD ISLAND NORTH CAROLINA (2018)

The Village of Bald Head Island, North Carolina, Calvin R. Peck, Jr., and Caroline Mitchell appeal the district court's order granting in part and denying in part their motion for summary judgment. For the reasons stated in our opinion in Cannon v. Vill. of Bald Head Island, 891 F.3d 489 (4th Cir. 2018), we reverse the district court's denial of qualified immunity to Peck and Mitchell on Herbert Bryant's First Amendment claim, affirm the district court's denial of qualified immunity on Bryant's due process claim,^* dismiss the remainder of this appeal, and remand for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED IN PART, AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

FOOTNOTES

FOOTNOTE.   Although in Cannon we determined that Mitchell did not properly raise her qualified immunity defense as to the officers’ due process claim before the district court, she did adequately raise the defense below in this case. 891 F.3d at 501 n.2. However, we conclude that her drafting of the Form F-5B and joint failure with Peck to offer Bryant a pre-termination hearing precludes an award of qualified immunity to Mitchell on Bryant's due process claim. See id. at 501-06.

PER CURIAM:

Dismissed in part, affirmed in part, reversed in part, and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.