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.
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.