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.
202961P.pdf 11/29/2021 John Burns v. Brad Cole
U.S. Court of Appeals Case No: 20-2961
and No: 20-3284
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Shepherd, Author, with Wollman and Kobes, Circuit Judges]
Civil case - Civil rights. In action alleging defendant Cole retaliated
against the plaintiff deputy sheriffs for engaging in constitutionally
protected political activities by supporting defendant Cole's opposition
in the election for sheriff, the district court granted defendants' motion
for summary judgment, citing Curtis v. Christian County, 963 F.3d 777 (8th
Cir. 2020). The district court did not err in interpreting or applying
Curtis and in finding defendant Cole did not violate plaintiffs' First
Amendment rights; the conclusion that Cole did not commit an
unconstitutional act necessarily resolves the official capacity municipal
liability claims involving the county and the county commissioners.