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MORAN v. STATE OF WASH.

No. 96-36129.

147 F.3d 839 (1998)

Nickie Larelle MORAN, Plaintiff-Appellee, v. STATE OF WASHINGTON; Deborah Senn, Individually and in Her Capacity as State Insurance Commissioner; and Krishna Fells, Individually and in Her Capacity as Chief of Staff, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1998.

Attorney(s) appearing for the Case

Michael P. Lynch, Office of Atty. Gen., Tort Claims Division, Olympia, WA, for appellants.

Paul Lindenmuth, Law Offices of Neil J. Hoff, Tacoma, WA, for appellee.

Before: FLETCHER and O'SCANNLAIN, Circuit Judges, and SCHWARZER, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide, on appeal from denial of summary judgment, whether a state agency head may discharge a subordinate who refuses to carry out official agency policy without subjecting herself to the risk of personal liability for breach of constitutional rights.

I

Deborah Senn was elected to the office of Washington State Insurance Commissioner in November 1992. During her campaign, Senn had advocated the expansion of consumer...

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