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BURNS v. COUNTY OF CAMBRIA, PA.

Nos. 91-3351, 91-3352, 91-3374 and 91-3377.

971 F.2d 1015 (1992)

Eugene BURNS, John Mutsko, Roy Plummer, Louis Beaujon, Ron Snyder and Evelyn Ardini, v. COUNTY OF CAMBRIA, PENNSYLVANIA, Cambria County Salary Board, Joseph P. Roberts, Ron Stephenson and T.T. Metzger, Jr., individually and as Commissioners of the Cambria County Board of Commissioners and Members of the Cambria County Salary Board, Robert McCormick, individually and as Cambria County Controller and Member of the Cambria County Salary Board, Thomas Burns, individually and as Acting Sheriff and Member of the Salary Board of Cambria County, Jay Roberts, individually and as Sheriff of Cambria County, Laurel Crest Manor, Wendell P. Davis, individually and as Administrator of Laurel Crest Manor, and Jeffrey Saintz, individually and as the Personnel Director of Cambria County. Jay Roberts, individually and as Sheriff of Cambria County, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 28, 1992.

Attorney(s) appearing for the Case

Dennis J. Clark (argued), Plunkett & Cooney, P.C., Pittsburgh, Pa., for Jay Roberts, appellant in No. 91-3351.

Thomas A. Livingston (argued), Pittsburgh, Pa., for Joseph Roberts, appellant in 91-3352.

Alex E. Echard, Mount Pleasant, Pa., for County of Cambria, Cambria County Salary Bd., Ron Stephenson, T.T. Metzger, Jr., Cambria County Bd. of Comm'rs, Robert McCormick, Cambria County Controller, Laurel Crest Manor and Jeffrey Saintz, Personnel Director, appellants in No. 91-3374.

Calvin John Webb, II (argued), Dino S. Persio, Smorto, Persio, Zadzilko, Sibert, Webb & Milliron, Ebensburg, Pa., for Thomas Burns, appellant in No. 91-3377.

Williams C. Andrews, Lee V. Price, Michael L. Brungo (argued), Maiello, Andrews & Price, Pittsburgh, Pa., for appellees John Mutsko, Roy Plummer, Louis Beaujon and Evelyn Ardini.

David R. Johnson, Thomason, Rhodes & Cowie, Pittsburgh, Pa., for appellee Wendell P. Davis.

Before SLOVITER, Chief Judge, SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal presents the question whether county officials have qualified immunity against claims by deputy sheriffs and a state-employed paramedic who allege they were dismissed by the officials solely for their political activity in violation of their rights under the First Amendment. The defendants' motion for summary judgment on the grounds, inter alia, of qualified immunity, was denied by the district...

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