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AUCOIN v. HANEY

No. 02-30028 Summary Calendar.

306 F.3d 268 (2002)

Gregory P. AUCOIN, Plaintiff-Appellee, v. Phil HANEY, Individually and in his capacity as District Attorney for the 16th Judicial District Court, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 1, 2002.

Attorney(s) appearing for the Case

Lawrence K. Burleigh, Sr., Lawrence Keith Burleigh, Jr., Lafayette, LA, for Plaintiff-Appellee.

Gary J. Russo, Camille B. Poche', Joel Paul Babineaux, Perret Doise, Lafayette, LA, for Defendant-Appellant.

Ellis Pete Adams, Jr., Martin Kevin Maley, LA Dist. Attys. Ass'n, Baton Rouge, LA, for Louisiana Dist. Attorneys Ass'n, Amicus Curiae.

Before JOLLY, HIGGINBOTHAM and PARKER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Phil Haney, the District Attorney for the Sixteenth Judicial District Court of Louisiana, appeals the district court's denial of qualified immunity to him from this suit brought by an assistant district attorney. Gregory P. Aucoin sued Haney under 42 U.S.C. § 1983, alleging a political discharge that violated his First Amendment rights. Specifically, Aucoin claimed that he was fired by Haney because he was supporting Haney's political...

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