Thomas Burnside v. Nueces County, Texas

E. GRADY JOLLY, Circuit Judge:

This interlocutory appeal arises from the denial of qualified immunity at the motion-to-dismiss stage. Plaintiff Burnside, a deputy sheriff, filed this § 1983 action alleging that, because he did not support defendant-Sheriff Kaelin’s re-election bid, he was punitively transferred, and later fired, for exercising his First-Amendment rights to engage in free speech and association. Sheriff Kaelin appeals the district court’s denial of his motion to dismiss Burnside’s complaint based on qualified immunity. We AFFIRM in part, REVERSE in part, and REMAND.

I. Background