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.