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MATHERNE v. WILSON

No. 87-3161.

851 F.2d 752 (1988)

Leroy J. MATHERNE, Plaintiff-Appellee Cross-Appellant, v. Charles C. WILSON, et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 10, 1988.

Attorney(s) appearing for the Case

Richard M. Michalczyk, Cronvich, Wambsgans & Michalczyk, Metairie, La., for Wilson.

Steven F. Griffith, Sr., Ltd., Destrehan, La., for Wilson & Marino.

Peter D. Derbes, Frank A. Silvestri, Silvestri & Massicot, New Orleans, La., for Matherne.

Before GARZA, HIGGINBOTHAM, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Former Sheriff Charles C. Wilson and his successor, Sheriff Johnny Marino, appeal from a judgment for Leroy J. Matherne, a deputy, on the trial of Matherne's § 1983 claim that Wilson fired him for campaigning for Wilson's political opponent. Persuaded that he is entitled to qualified immunity, we reverse the judgment against Wilson in his individual capacity. We otherwise affirm, persuaded that, measured by current first...

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