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JONES v. McNEESE

No. 12-2696.

746 F.3d 887 (2014)

Bernard JONES; Alcohol and Drug Counseling Services, LLC; Healing Circle Recovery Community, Inc., Plaintiffs-Appellees v. Rick McNEESE, Dr., Nebraska Department of Correctional Services, Assistant Administrator of Behavioral Health-Substance Abuse, Individually, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2014.

Rehearing and Rehearing En Banc Denied May 5, 2014.

Attorney(s) appearing for the Case

Ryan C. Gilbride , Assistant Attorney General, argued, Lincoln, NE ( Linda Louise Willard , on the brief), for Appellant.

Joy Shiffermiller , argued, Lincoln, NE, for Appellee.

Before SHEPHERD, BEAM, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

This 42 U.S.C. §§ 1981 and 1983 lawsuit is before the Court on interlocutory appeal for a second time after we remanded the case for an additional consideration of the defendant's claim to qualified immunity. The district court determined on remand that the defendant is not entitled to qualified immunity on any ground. We reverse.

I. Background

A. Facts

Bernard Jones, who is African American, was employed...

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