United States Sixth Circuit

In a 42 U.S.C. section 1983 action brought by a city's former recreational director against defendants, mayor and officials, arising from plaintiff's termination allegedly on account of his political beliefs, denial of qualified immunity for defendants is affirmed where: 1) plaintiff produced sufficient facts to raise a genuine issue of fact as to whether his termination was politically motivated; and 2) defendants failed to demonstrate that recreation director was a position for which political party affiliation was an appropriate consideration. Defendants' challenge to plaintiff's official-capacity claims is dismissed for lack of jurisdiction.

Appellate Information

• Decided 06/06/2007
• Published 06/06/2007

Judges

• Before:  SUHRHEINRICH, CLAY, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Nathan D. Rowell, Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader III, Moore, Rader, Clift & Fitzpatrick, Cookeville, Tennessee, for Appellants.  J. Timothy Bobo, Ridenour & Ridenour, Clinton, Tennessee, for Appellee.   ON BRIEF:  Nathan D. Rowell, Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader III, Moore, Rader, Clift & Fitzpatrick, Cookeville, Tennessee, for Appellants.  J. Timothy Bobo, Ridenour & Ridenour, Clinton, Tennessee, for Appellee.