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CLARK v. BROWN

No. 88-1548.

861 F.2d 66 (1988)

Robert W. CLARK, Plaintiff-Appellee, v. Joseph G. BROWN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1988.

Attorney(s) appearing for the Case

Norma Smithwick Harrell, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on brief), for defendant-appellant.

Edward G. Connette (Gillespie, Lesesne & Connette, Charlotte, N.C., on brief), for plaintiff-appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

The dispositive issue in this appeal is whether Joseph Brown, a county district attorney, is entitled to qualified immunity shielding him from suit for damages for discharging Robert Clark, an assistant district attorney, for political reasons. Because the complaint alleged that Brown engaged in a course of malicious conduct, the district court denied Brown's motion to dismiss. Concluding that...

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