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AKERS v. CAPERTON

No. 92-2157.

998 F.2d 220 (1993)

Donald Hobart AKERS, Jr.; William M. Cayton; Glen S. Hanlin; Jimmy L. Richardson; Alvin Lee Engelke; Larry Pauley, Plaintiffs-Appellees, v. Gaston CAPERTON, Governor, individually and in his official capacity as Governor of the State of West Virginia; Art Gleason, individually and in his official capacity as Secretary of the Department of Transportation, Defendants-Appellants, and Kenneth M. Dunn, individually and in his capacity as Secretary of the Department of Transportation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1993.

Attorney(s) appearing for the Case

Jon L. Brown, argued (Charles R. Bailey, on brief), Shuman, Annand & Poe, Charleston, WV, for defendants-appellants.

William C. Garrett, Gassaway, WV, argued (Clinton W. Smith, Charleston, WV, on brief), for plaintiffs-appellees.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and VOORHEES, Chief United States District Judge for the Western District of North Carolina, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

The plaintiffs, former West Virginia County Maintenance Superintendents transferred because of their political affiliation, filed this 42 U.S.C. § 1983 suit seeking damages and equitable relief. The district court granted the plaintiffs' motion for summary judgment on liability, denied the defendants' defense of qualified immunity, and set the case for trial to determine damages. The defendants appealed.

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