DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061700P.pdf 02/02/2007 Michael Bearden v. Dudley Lemon
U.S. Court of Appeals Case No: 06-1700
U.S. District Court for the Eastern District of Arkansas - Batesville
[PUBLISHED] [Shepherd, Author, with Melloy and Benton, Circuit
Judges]
Civil case - civil rights. District court did not err in denying defendant's
motion for summary judgment based on qualified immunity as there was
a genuine issue of fact as to whether plaintiff was fired from his position
on the basis of protected speech; argument that defendant would have
fired plaintiff anyway based on legitimate grounds is beyond the scope of
an interlocutory appeal on qualified immunity grounds as it raises issues
of sufficiency of the evidence; claim raised for the first time in the reply
brief will be stricken.