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POWELL v. JOHNSON

No. 04-1684.

405 F.3d 652 (2005)

Richard POWELL, Plaintiff — Appellee, v. Randy JOHNSON, Individually and as Sheriff of Pulaski County; Carol Kimble, Individually and as Captain in the Pulaski County Sheriff's Department; Sherry Rainey, Individually and as Lieutenant in the Pulaski County Sheriff's Department; Charles Polk, Individually and as an employee of Pulaski County Sheriff's Department; Pulaski County Sheriff Department, Defendants — Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2005.

Attorney(s) appearing for the Case

David Mack Fuqua, argued, Little Rock, AR (James M. McHaney, Jr., on the brief), for appellant.

Lucien Ramseur Gillham, Little Rock, AR (L. Oneal Sutter and Franki E. Heenan, on the brief), for appellee.

Before MELLOY, BRIGHT, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

I. Procedural History

Richard Powell ("Powell") brought this action against his employer, the Pulaski County Sheriff s Department (the "Sheriff's Department"). Powell asserts that he was demoted in retaliation for filing previous lawsuits against Appellants Randy Johnson and Charles Polk.

Appellants moved for summary judgment on the merits and, in their individual capacities, on the basis of qualified immunity. Initially, the...

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