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GANN v. CLINE

No. 07-6011.

519 F.3d 1090 (2008)

Sharee GANN, an individual, Plaintiff-Appellee, v. Carol CLINE, in her individual capacity; The Board of County Commissioners of the County of Oklahoma, State of Oklahoma; Doug Williams, in his individual and official capacities, Defendants, and Brent Rinehart, in his individual and official capacities, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Andrew W. Lester, (Courtney D. Powell and Shannon F. Davies with him on the brief), of Lester, Loving & Davies, P.C., Edmond, OK, for Plaintiff-Appellee.

Victor F. Albert of Conner & Winters, L.L.P., Oklahoma City, OK, for Defendant-Appellant.

Before KELLY, EBEL, and McCONNELL, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant Brent Rinehart, Oklahoma County Commissioner, in his individual capacity, appeals the district court's denial of his Fed.R.Civ.P. 12(b)(6) motion to dismiss on qualified immunity grounds. Plaintiff-Appellee Sharee Gann brought this action pursuant to 42 U.S.C. § 1983, alleging Commissioner Rinehart, acting under color of state law, violated her First Amendment rights by engaging in political patronage. Our jurisdiction...

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