United States Eleventh Circuit

In a 42 U.S.C. section 1981 action challenging a county's alleged plan to replace white county managers with African-Americans, denial of qualified immunity to defendants is affirmed where a reasonable official would have known that discriminating against county managers on account of their race was unlawful. However, a denial of legislative immunity to one defendant is reversed where the preparation of a budget proposal related to his legislative duties.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, ANDERSON and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Robert B. Remar, Kerri A. Gildow, Rogers & Hardin, LLP, Brent L. Wilson, Sharon P. Morgan, Elarbee, Thompson, Sapp & Wilson, LLP, Atlanta, GA, for Defendants-Appellants., James Hollis, Michael J. Bowers, Christopher S. Anulewicz, K. Alex Khoury, Balch & Bingham, LLP, Atlanta, GA, John T. Morgan, III, Decatur, GA, for Plaintiffs-Appellees.