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HAVERDA v. HAYS COUNTY

No. 12-51008.

723 F.3d 586 (2013)

Richard Dickey HAVERDA, Plaintiff-Appellant v. HAYS COUNTY; Hays County Sheriff's Office; Sheriff Gary Cutler, in his Official and Individual Capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 17, 2013.

Attorney(s) appearing for the Case

Philip Durst , Matthew Bradley Bachop (argued) , Deats Durst Owen & Levy, P.L.L.C., Austin, TX, for Plaintiff-Appellant.

Michael A. Shaunessy , Eric Alexander Johnston (argued), Esq. , Sedgwick, L.L.P., Austin, TX, for Defendants-Appellees.

Before ELROD and HIGGINSON, Circuit Judges, and MARTINEZ, District Judge.

PHILIP R. MARTINEZ, District Judge.

Richard Haverda, a former employee of the Hays County Sheriff's Office, appeals the district court's grant of summary judgment for failure to establish a claim of First Amendment retaliation and on qualified immunity grounds. We conclude that (1) Haverda has presented sufficient evidence to raise a genuine dispute as to a material fact relating to his claim of First Amendment retaliation and (2) Defendants are not entitled to summary...

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