Legal Opinion · Dissent

Melanie Lawson v. Union County Clerk of Court

Court of Appeals for the Fourth Circuit

Decided July 8, 2016No. 14-2360Published

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

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  4. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  5. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983

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