United States Fifth Circuit

In a suit brought under 42 U.S.C. section 1983, alleging that defendant-city terminated plaintiff from his position as Chief of Police in violation of the due process clause of the Fourteenth Amendment, summary judgment for the city is reversed where, contrary to the lower court's conclusion that plaintiff lacked a constitutionally-protected property interest in further employment with the police department, a portion of the city charter created such a constitutionally-protected property interest. However, claims against the city manager are dismissed based on qualified immunity.

Appellate Information

• Decided 12/07/2006
• Published 12/08/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Katherine Louise Butler, Butler & Harris, Dwaine M. Massey, Massey Law Firm, Houston, TX, James A. Jones, Gillespie, Rozen, Watsky, Motley & Jones, Robert Charles Hinton, Jr., Dallas, TX, for Plaintiff-Appellant.


• For Appellees:
  
• George Allen Butler, Stephanie L. Reaugh, Gino Rossini, Hunton & Williams, Dallas, TX, for Defendants-Appellees.