Legal Opinion

Upton v. Thompson

Court of Appeals for the Seventh Circuit

Decided April 22, 1991No. Nos. 90-1559, 89-3627PublishedCited by 127 opinions

1Opinion of the Court

MANION, Circuit Judge.

These two cases before us on appeal, while distinct lawsuits, raise the same legal issues from similar facts making them suitable for disposition in a single integrated opinion.

Both cases involve appeals from denials of qualified immunity on motions for summary judgment by Sheriffs sued by their discharged deputies. The deputies claim that their discharges were impermissibly motivated by the Sheriffs’ opposition to their political party affiliations, thus infringing on their First Amendment rights. The Sheriffs insist that the deputies’ right to be free from this type of…

2Cases cited23 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. Elrod v. BurnsSupreme Court of the United States · 1976

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3Cited by127 opinions

  1. Jenkins v. MedfordCourt of Appeals for the Fourth Circuit · 1997
  2. Sornberger v. City Of KnoxvilleCourt of Appeals for the Seventh Circuit · 2006
  3. Donovan v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1994
  4. Kathryn M. Zorzi v. County of Putnam, Philip H. Hansen, Former Sheriff of Putnam County, Donald Maggi, Sheriff of Putnam CountyCourt of Appeals for the Seventh Circuit · 1994
  5. Cornelius Marshall v. Wilbert Allen, Richard Anderson, and Anthony J. Fusco, Jr.Court of Appeals for the Seventh Circuit · 1993

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