TOMPKINS v. VICKERS

No. 93-7250.

26 F.3d 603 (1994)

Robert TOMPKINS, Plaintiff-Appellee, v. Dr. Nolan VICKERS, Superintendent, et al., Defendants, Dr. Nolan Vickers, Superintendent, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 26, 1994.


Attorney(s) appearing for the Case

Michael Chase, William Spencer, Mitchell, McNutt, Threadgill, Smith & Sams, Tupelo, MS, for appellant.

Marcie M. Fyke, John Maxey, II, Lindsay Patterson, Maxey, Pigott, Wann & Begley, Jackson MS, for appellee.

Before GOLDBERG, DAVIS and DeMOSS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this § 1983 action, Nolan Vickers appeals the district court's order denying his motion for summary judgment based on qualified immunity. We agree with the district court that issues of fact are presented with respect to Vickers' motivation for transferring Tompkins to a less desirable employment position. We therefore dismiss the appeal.

I.

For approximately twenty-one years, Robert Tompkins taught art at...

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