Melanie Lawson v. Union County Clerk of Court
Court of Appeals for the Fourth Circuit
1DissentDavis, Senior Circuit Judge
With respect, I believe that my friends in the majority misapply and effectively rewrite a portion of First Amendment jurisprudence in their analysis of this case. First, the majority opinion declines to render partial summary judgment for Plaintiff-Appellant Melanie Lawson, despite determining that Defendanh-Appellee William Gault’s affirmative defenses under the Elrod-Branti exception,1 qualified immunity, and Eleventh Amendment immunity fail as a matter of law, and without identifying any genuine issues of material fact that would preclude the entry of judg*257ment on liability. Second, the…
2Cases cited47 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
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