United States Eighth Circuit

In an action against a city's mayor and Board of Public Works alleging they refused to promote him because he sued the city, summary judgment for defendants is reversed as: 1) there was a genuine issue of material fact as to whether plaintiff was not promoted in retaliation for suing the city; 2) a civil conspiracy claim should be allowed to proceed; and 3) the mayor and board members were not entitled to qualified immunity as a violation of plaintiff's constitutional rights was shown, and a reasonable official would have known that refusing to promote plaintiff because he sued the city violated his clearly established right to access the courts.

Appellate Information

• Decided 08/15/2007
• Published 08/15/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bryan D. Scheidere, argued, Rolla, MO, for appellant.


• For Appellees:
  
• Kristen B. Roubal, argued, M. Douglas Harpool, on the brief, Springfield, MO, for appellees.