recognizing that Fifth Circuit law on patronage dismissals is clearly established for qualified immunity purposes only in cases regarding the discharge of deputy sheriffs
How later courts described this case
- recognizing that Fifth Circuit law on patronage dismissals is clearly established for qualified immunity purposes only in cases regarding the discharge of deputy sheriffs
- “[W]e look to the decisions of the Supreme Court and our own decisions that the law was clearly established in this circuit.”
- "Both "firing' and "failing to hire' are "triggering personnel decision[s].' "
Written by the judges who cited it.
The opinion
ON SUGGESTION FOR REHEARING EN BANC
Aug. 25, 1995
BY THE COURT:
A member of the court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.