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United States Tenth Circuit


MCCLELLAN v. MENELEY, 03-3215

In a First Amendment retaliation claim, denial of defendant's qualified immunity is reversed where his single action in running a background check would not have chilled the speech of a person of ordinary firmness engaged in political debate.

Appellate Information

  • Decided 08/04/2004
  • Published 08/04/2004

Judges

  • EBEL, Circuit Judge., Before EBEL, ANDERSON, and BRISCOE, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Ron D. Martinek of Parker & Hay, LLP, Topeka, KS, for Defendant-Appellant., Robert V. Eye of Irigonegaray & Associates, Topeka, KS, for Plaintiffs-Appellees.
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