United States Fifth Circuit

In a suit brought under 42 U.S.C. section 1983 against a county and clerk alleging they fired plaintiff in retaliation for her exercise of her First Amendment rights, judgment pursuant to a jury verdict for plaintiff is affirmed where: 1) plaintiff established that she was speaking on a matter of public concern; 2) there was no record evidence that plaintiff's political activities caused disruptions that would justify termination; and 3) a reasonable jury could conclude that either her run for office in 2002 or her continuing political affiliation as defendant's rival, or some combination thereof, was a substantial or motivating reason for her termination.

Appellate Information

• Decided 02/01/2008
• Published 02/04/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brian Carney (argued), Midland, TX, for Jordan.


• For Appellees:
  
• Pat Long Weaver (argued), Abigal W. Sikes, Stubbeman, McRae, Sealy, Laughlin & Browder, Midland, TX, for Defendants-Appellants.