Harold Werkheiser v. Pocono Township

OPINION

COWEN, Circuit Judge.

This matter requires us to decide whether elected officials are entitled to qualified immunity when they retaliate against a fellow official by denying him reappointment to a non-elected position because of comments he made in his capacity as an elected official. Because we conclude that the contours of the First Amendment right at issue were not clearly established, we hold that Appellants are entitled to qualified immunity on their federal claim. 1

I

In 2007, Harold Werkheiser was elected to serve on the three-member Board of Supervisors within Pocono Township. His…