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TINDAL v. MONTGOMERY COUNTY COM'N

No. 92-7076.

32 F.3d 1535 (1994)

Linda J. TINDAL, Plaintiff-Appellee, v. MONTGOMERY COUNTY COMMISSION; Commissioners Mack O. McWhorter; Frank A. Bray; W.F. Joseph, Jr.; John F. Knight, Jr. and Lynn A. McGowan, individually and in their official capacities, Defendants-Appellants, The Montgomery County Sheriff's Department, Defendant, M.S. Butler, individually; Dan Jones, individually and as Sheriff of Montgomery County Sheriff's Department, Defendants-Appellants, City and County of Montgomery Personnel Department; A, B, C, fictitious defendants, Defendants.

United States Court of Appeals, Eleventh Circuit.

September 27, 1994.

Attorney(s) appearing for the Case

Tyrone C. Means, Kenneth L. Thomas, Cynthia W. Clinton, Launice P. Sills, Montgomery, AL, for appellants.

Fern Singer, Marion F. Walker, Birmingham, AL, for appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and MERHIGE, Senior District Judge.

TJOFLAT, Chief Judge:

This appeal presents the following issue: whether Montgomery County, Alabama, Sheriff Dan Jones and former Sheriff M.S. Butler are entitled to qualified immunity with respect to two damages claims Linda J. Tindal has brought against them in their individual capacities. Tindal claims that Jones and Butler terminated her employment (1) arbitrarily and capriciously (in violation of her Fourteenth Amendment right to substantive due process) and ...

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