United States Tenth Circuit

In a 42 U.S.C. section 1983 action against a county commissioner alleging he violated plaintiff's First Amendment rights by engaging in political patronage, denial of defendant's motion to dismiss on qualified immunity grounds is affirmed where: 1) the court rejects a claim that political non-affiliation is not protected by the First Amendment and thus defendant was not liable because plaintiff did not actively contest his election or affirmatively demonstrate an opposing political affiliation; 2) plaintiff sufficiently alleged causation; and 3) precedent placed defendant on reasonable notice that his conduct was unlawful.

Appellate Information

• Decided 03/11/2008
• Published 03/12/2008

Judges

• PAUL KELLY, Jr., Circuit Judge., Before KELLY, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Andrew W. Lester, (Courtney D. Powell and Shannon F. Davies with him on the brief), of Lester, Loving & Davies, P.C., Edmond, OK, for Plaintiff-Appellee., Victor F. Albert of Conner & Winters, L.L.P., Oklahoma City, OK, for Defendant-Appellant.