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                        as a courtesy to the reader. They are not part of the opinion of the court.

161643P.pdf   03/28/2017  Gary Thompson  v.  Andy Shock
   U.S. Court of Appeals Case No:  16-1643
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Smith, Author, with Wollman, Circuit Judge, and Wright, District Judge] Civil case - Civil rights. The district court applied the incorrect test for determining that the defendant Sheriff was entitled to qualified immunity in his individual capacity on plaintiff's claim he was improperly discharged for supporting the Sheriff's opponent, and the claim is remanded for further analysis of the claim under the Elrod-Branti line of cases which apply when the constitutional right at issue involved "joining, working for or contributing to the political party and candidates of [the employee's choice]; the district court did not err in granting the defendant Sheriff summary judgment on plaintiff's claims against him in his official capacity because under Arkansas law and the policies promoted by the County, the Sheriff did not act as the final policymaker in the employment decisions of his department because the decisions were subject to review by the quorum court.