Kenneth L. HUNTER; Rick A. Donathan; Jerry D. Medlin, Plaintiffs-Appellees,
v.
TOWN OF MOCKSVILLE, NORTH CAROLINA; Robert W. Cook, in his official capacity as Administrative Chief of Police of the Mocksville Police Department and in his individual capacity; Christine W. Bralley, in her official capacity as Town Manager of the Town of Mocksville and in her individual capacity, Defendants-Appellants.
National Association Of Police Organizations, Amicus Supporting Appellants.
Kenneth L. Hunter; Rick A. Donathan; Jerry D. Medlin, Plaintiffs-Appellants,
v.
Town of Mocksville, North Carolina; Robert W. Cook, in his official capacity as Administrative Chief of Police of the Mocksville Police Department and in his individual capacity; Christine W. Bralley, in her official capacity as Town Manager of the Town of Mocksville and in her individual capacity, Defendants-Appellees.
National Association of Police Organizations, Amicus Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 9, 2014.
Decided: June 15, 2015.
Attorney(s) appearing for the Case
ARGUED: Stephen John Dunn , Van Hoy, Reutlinger, Adams & Dunn, Charlotte, North Carolina, for Appellants/Cross-Appellees. Robert Mauldin Elliot , Helen Parsonage , Elliot Morgan Parsonage, PLLC, Winston-Salem, North Carolina, for Appellees/Cross-Appellants. ON BRIEF: Jaye E. Bingham-Hinch , Raleigh, North Carolina, Patrick H. Flanagan , Cranfill, Sumner & Hartzog, LLP, Charlotte, North Carolina; Philip M. Van Hoy , Van Hoy, Reutlinger, Adams & Dunn, Charlotte, North Carolina, for Appellants/Cross-Appellees. J. Michael McGuinness , The McGuinness Law Firm, Elizabethtown, North Carolina; William J. Johnson , National Association Of Police Organizations, Alexandria, Virginia, for Amicus Curiae.
Affirmed by published opinion. Judge WYNN wrote the majority opinion, in which Judge DIAZ joined. Judge NIEMEYER wrote a dissenting opinion.
WYNN, Circuit Judge:
"Almost 50 years ago, th[e Supreme] Court declared that citizens do not surrender their First Amendment rights by accepting public employment." Lane v. Franks, ___ U.S. ___, 134 S.Ct. 2369, 2374, 189 L.Ed.2d 312 (2014). A threshold question for determining "whether a public employee's...
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