DAVIS v. McKINNEY

No. 07-20184.

518 F.3d 304 (2008)

Cynthia M. DAVIS, Plaintiff-Appellee, v. Michael McKINNEY, M.D., Being Sued Individually and In His Official Capacity; and Charles G. Chaffin, Being Sued Individually and In His Official Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 21, 2008.


Attorney(s) appearing for the Case

Martin A. Shellist (argued), Shellist Lazarz, Houston, TX, for Davis.

William T. Deane, Asst. Atty. Gen. (argued), Austin, TX, for Defendants-Appellants.

Before DAVIS, STEWART and OWEN, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Defendants Michael McKinney and Charles Chaffin bring this interlocutory appeal challenging the denial of their summary judgment motion seeking dismissal based on qualified immunity from plaintiff Cynthia Davis' § 1983 suit for retaliatory discharge in violation of the First Amendment. For the reasons set forth below, we affirm in part, reverse in part and remand to the district court for further proceedings.

I.

...

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