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CLICK v. COPELAND

No. 90-5624.

970 F.2d 106 (1992)

Larry CLICK and Don Falcon, Plaintiffs-Appellants, v. Harlon COPELAND, Sheriff and Bexar County, Texas, acting By and Through its county judge Tom Vickers and county commissioners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 1, 1992.

Attorney(s) appearing for the Case

Philip M. Ross, San Antonio, Tex., for plaintiffs-appellants.

Franklin Eastwood Wright, Cynthia G. Bivins, Groce, Locke & Hebdon, Wallace B. Jefferson, Crofts, Callaway & Jefferson, San Antonio, Tex., for Copeland and Bexar County.

Before HILL, KING, and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Two sheriff's deputies sued the sheriff and the county under § 1983 alleging that their First Amendment rights were violated when the sheriff transferred them to less desirable positions in retaliation for announcing their candidacy for the sheriff's office. The district court directed a verdict in favor of both the sheriff and the county on grounds that the sheriff was entitled to qualified immunity and that the county was not...

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