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TERRY v. COOK

No. 87-7456.

866 F.2d 373 (1989)

O'Neal TERRY, Mary Jane Brown,, Steve Strickland, J.D. Hopkins, Amy Henderson, John R. Turner, Dora Latham, Grady Sanderson, Maurice Stovall, Jackie Terry, Sharon Latham, Andrew Allen, Belinda Wilkerson, Joy Suski, Lavon Wallace, Vernon Bradford, James Jett, Harold Smith, Lionel M. Sheffey and Richard Turner, Plaintiffs-Appellants, v. A.C. COOK, individually and in his official capacity as Sheriff of Lawrence County, Alabama; Paul D. Cain, individually and in his official capacity as Chief Deputy Sheriff of Lawrence County, Alabama; Earl "Sonny" Malcom, Jr., Coy Dwight Gray, Ferman Grimes, Randy Waldrep, Larry Louallen, and Mose Jones, Jr., in their official capacities as Chairman and members of the Lawrence County Commission, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 12, 1989.

Attorney(s) appearing for the Case

Falkenberry & Whatley, John C. Falkenberry, Birmingham, Ala., Balske & Van Almen, Dennis N. Balske, Montgomery, Ala., for plaintiffs-appellants.

D.L. Martin, Moulton, Ala., for A. Cook, P. Cain, D. Gray, F. Grimes, R. Waldrep, L. Louallen and M. Jones.

Webb, Crumpton, McGregor, Sasser, Davis & Alley, James W. Webb, Kendrick E. Webb, Montgomery, Ala., amicus curiae on behalf of defendants-appellees.

Morring, Schrimsher & Riley, Sharon D. Hindman, Huntsville, Ala., for defendants-appellees.

Before FAY and KRAVITCH, Circuit Judges and ATKINS, District Judge.

ATKINS, District Judge:

This court is presented with the wholesale refusal of a newly elected sheriff to reappoint or rehire any of his predecessor's employees. The complaint alleged that the newly elected sheriff discharged the plaintiffs for political reasons in violation of 42 U.S.C. § 1983, and for racial reasons in violation of 42 U.S.C. § 1981. We affirm the district court's dismissal of the section 1983 claims of the deputy sheriffs but reverse its...

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