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FIELDS v. PRATER

Nos. 08-1437, 08-1471.

566 F.3d 381 (2009)

Tammy R. FIELDS, Plaintiff-Appellee, v. Tolbert PRATER; Laura Elkins; Emogene Elswick; Ruby Ratliff Hale; Harold Thornsbury; Judy Holland, Defendants-Appellants, and W. Pat Justus; Carroll Branham; Eddie Lindsay; David Ratliff; William P. Harris; Buchanan County, Defendants. Tammy R. Fields, Plaintiff-Appellee, v. W. Pat Justus; Carroll Branham; Eddie Lindsay; William P. Harris; David Ratliff, Defendants-Appellants, and Buchanan County; Tolbert Prater; Laura Elkins; Emogene Elswick; Ruby Ratliff Hale; Harold Thornsbury; Judy Holland, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 21, 2009.

Attorney(s) appearing for the Case

Henry Keuling-Stout, Keuling-Stout, PC, Big Stone Gap, Virginia; Jim H. Guynn, Jr., Guynn, Memmer & Dillon, PC, Salem, Virginia, for Appellants. Timothy Worth McAfee, McAfee Law Firm, PC, Norton, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILLIAMS and Senior Judge FABER joined.

OPINION

WILKINSON, Circuit Judge:

This appeal arises out of plaintiff Tammy Fields's suit under 42 U.S.C. § 1983, which alleges that defendants conspired to prevent her from being hired as the local director of a county department of social services ("DSS") because of her political affiliation and in violation of her First Amendment rights. Defendants have appealed the district court's denial of their motions for summary judgment on the basis of qualified...

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