No. 88-6507.

881 F.2d 828 (1989)

James D. THOMAS, Plaintiff-Appellant, v. John CARPENTER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1989.

Attorney(s) appearing for the Case

George W. Shaeffer, Jr., Silver, Kreisler, Goldwasser & Shaeffer, Newport Beach, Cal., for plaintiff-appellant.

Eric S. Oto, Cotkin, Collins & Franscell, Los Angeles, Cal., for defendant-appellee.

Before HUG, HALL and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

We must consider in this case the right of a public employee to seek election to the position occupied by his supervisor, free from retaliatory action against him when he fails. Under the circumstances of this case, we hold that the public employee states a cause of action.


Appellant James D. Thomas, a Lieutenant for the County of Santa Barbara Sheriff's Department, appeals from the district court's dismissal of his second...

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