Bobby BLAND; Daniel Ray Carter, Jr.; David W. Dixon; Robert W. McCoy; John C. Sandhofer; Debra H. Woodward, Plaintiffs-Appellants,
v.
B.J. ROBERTS, individually and in his official capacity as Sheriff of the City of Hampton, Virginia, Defendant-Appellee.
American Civil Liberties Union; American Civil Liberties Union of Virginia Foundation; Facebook, Inc.; National Association Of Police Organizations, Amici Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 16, 2013.
Decided: September 18, 2013.
As Amended September 23, 2013.
Attorney(s) appearing for the Case
ARGUED: James Harrell Shoemaker, Jr. , Patten, Wornom, Hatten & Diamonstein, LC, Newport News, VA, for Appellants. Aaron M. Panner , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Amicus Facebook, Inc. Jeff W. Rosen , Pender & Coward, PC, Virginia Beach, VA, for Appellee. ON BRIEF: Lisa Ehrich , Pender & Coward, PC, Virginia Beach, VA, for Appellee. Andrew E. Goldsmith , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Amicus Facebook, Inc. Aden J. Fine , Kathryn A. Wood , American Civil Liberties Union Foundation, New York, NY; Rebecca K. Glenberg , American Civil Liberties Union Of Virginia Foundation, Inc., Richmond, VA, for Amici American Civil Liberties Union and ACLU of Virginia. J. Michael McGuinness , The McGuinness Law Firm, Elizabethtown, NC; William J. Johnson , National Association of Police Organizations, Alexandria, CA, for Amicus National Association of Police Organizations.
Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge THACKER joined. Judge HOLLANDER wrote a separate opinion concurring in part and dissenting in part.
United States Court of Appeals, Fourth Circuit.
TRAXLER, Chief Judge:
Six plaintiffs appeal a district court order granting summary judgment against them in their action against B.J. Roberts in his individual capacity and in his official capacity as the Sheriff of the City of Hampton, Virginia. The suit alleges that Roberts retaliated against the plaintiffs in violation of their First Amendment rights by choosing not to reappoint them because of their support of his electoral opponent. We affirm in part, reverse...
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