No. 07-50537 Summary Calendar.

522 F.3d 508 (2008)

Shelton CHARLES, Plaintiff-Appellee, v. Gary GRIEF, in his individual and official capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 2008.

Attorney(s) appearing for the Case

Robert Wayne Schmidt, Crews Law Firm, Austin, TX, for Plaintiff-Appellee.

R. Ted Cruz, Austin, TX, William T. Deane, Asst. Atty. Gen., Gen. Litigation Div., Austin, TX, for Defendant-Appellant.

Before WIENER, BENAVIDES, and PRADO, Circuit Judges.

WIENER, Circuit Judge:*

Defendant-Appellant Gary Grief, an upper-level official of the Texas Lottery Commission (the "Commission"), appeals the district court's denial of his summary judgment motion to dismiss him, on grounds of qualified immunity, as a defendant in the 42 U.S.C. § 1983 employment retaliation suit filed by Plaintiff-Appellee Shelton Charles,1 whom Grief fired from

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