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DAVENPORT v. NORTH CAROLINA DEPT. OF TRANSP.

No. 91-1266.

3 F.3d 89 (1993)

Ronald E. DAVENPORT, Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Tommy Harrelson, Officially as the current Secretary of Transportation; James E. Harrington, Individually and Officially as former Secretary of Transportation; E.H. McEntire, P.E., Individually as former Chief Engineer/Raleigh; Cloyce B. Alford, Individually and Officially as former Director of Personnel; G.R. Shirley, Individually and Officially as Division Engineer/Greenville; Jerry Hardesty, Individually and Officially as former Assistant Secretary of Transportation; Sue Sutton, Individually and Officially as DOT Employee; Michael Sutton, Individually; Randy Doub, Individually and Officially as a former DOT Board Member, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1993.

Attorney(s) appearing for the Case

Monroe Jackson Nichols, Crisp, Davis, Schwentker, Page, Currin & Nichols, Raleigh, NC, argued (Lynn Fontana, Crisp, Davis, Schwentker, Page, Currin & Nichols, on the brief), for plaintiff-appellant.

James Peeler Smith, Special Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, argued (Lacy H. Thornburg, Atty. Gen., Isham B. Hudson, Jr., Sr. Deputy Atty. Gen., Patsy Smith Morgan, Asst. Atty. Gen., North Carolina Dept. of Justice, on the brief), for State appellees, Thomas E. Barwick, Walker, Young & Barwick, Goldsboro, NC, on the brief, for appellee Sutton.

Before PHILLIPS, Circuit Judge, and SPROUSE and CHAPMAN, Senior Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

Ronald E. Davenport appeals an order dismissing his action against the North Carolina Department of Transportation (DOT) and nine individuals for allegedly politically-motivated conduct resulting in Davenport's discharge from employment as a DOT engineer. Davenport sought remedies under 42 U.S.C.A. § 1983 for alleged violations of his constitutional rights to due process of law and freedom of association and, under state...

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