United States Eighth Circuit

In a deputy's suit against a county sheriff for reinstatement and damages under 42 U.S.C. section 1983 and state law, denial of sheriff's motion for summary judgment based on qualified immunity is affirmed as there was a genuine issue of fact as to whether plaintiff was fired from his position on the basis of protected speech, and an argument that he would have been fired anyway based on legitimate grounds was beyond the scope of the interlocutory appeal.

Appellate Information

• Decided 02/02/2007
• Published 02/02/2007

Judges

• SHEPHERD, Circuit Judge., Before MELLOY, BENTON and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jason E. Owens, argued, Little Rock, Arkansas (Michael R. Rainwater, Little Rock, Arkansas, on the brief), for appellant.


• For Appellees:
  
• Mr. Lucien Ramseur Gillham, argued, Little Rock, Arkansas, for appellee.