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HERTS v. SMITH

No. 02-3594EA.

345 F.3d 581 (2003)

Dr. Ruth Simmons Herts, Appellee, v. Dr. Gary Smith, Individually acting under the color of state law and in his official capacity as the Superintendent of Education of the Pulaski County Special School District; Eugene Manfredini, Individually acting under the color of state law in his official capacity as the President of the Board of Education of the Pulaski County Special School District; Pat O'Brien, Individually acting under the color of state law and in his official capacity as the Vice-President of the Board of Education of the Pulaski County Special School District; Gwendolyn Williams, Individually acting under the color of state law in her official capacity as the Secretary of the Board of Education of the Pulaski County Special School District; James R. Burgett, Individually acting under the color of state law and in his official capacity as a member of the Board of Education of the Pulaski County Special School District; Ruth White Tucker, Individually acting under the color of state law and in her official capacity as a member of the Board of Education of the Pulaski County Special School District; Mildred C. Tatum, Individually acting under the color of state law and in her official capacity as a member of the Board of Education of the Pulaski County Special School District; Pam Roberts, Individually acting under the color of state law and in her official capacity as a member of the Board of Education of the Pulaski County Special School District; and the Pulaski County Special School District, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 6, 2003.

Attorney(s) appearing for the Case

George J. Bequette, argued, Little Rock, AR, for appellant.

John T. Lavey, argued, Little Rock, AR, for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This is an interlocutory appeal from a denial of summary judgment on the issue of qualified immunity from suit.

Dr. Ruth Herts alleges that Dr. Gary Smith, Superintendent of the Pulaski County Special School District, failed to renew her employment contract as a result of her testimony at a hearing on a desegregation case involving the School District, thus violating her rights under the First Amendment, the Due Process and...

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