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Legal Opinion

Marcus Mote v. Debra Walthall

Court of Appeals for the Fifth Circuit

Decided August 31, 2018No. 17-40754PublishedCited by 17 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

The opinion issued August 31, 2018 is withdrawn, and the following is substituted therefor:

Police Chief Debra Walthall challenges the district court's rejection of her qualified immunity defense. Walthall asserted this defense to a suit by Police Officer Marcus Mote under 42 U.S.C. § 1983 for wrongfully terminating him for exercising his First Amendment rights in connection with his efforts to organize a police association of members of the City of Corinth, Texas, Police Department. We agree with the district court that Mote's association and speech rights to…

2Cases cited39 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  4. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  5. Hope v. PelzerSupreme Court of the United States · 2002

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3Cited by17 opinions

  1. Alex Nguyen v. A.C. Mizell, et al.District Court, S.D. Texas · 2026
  2. Amalgamated Transit Union v. New Orleans Regional Transit AuthorityDistrict Court, E.D. Louisiana · 2022
  3. Amalgamated Transit Union v. New Orleans Regional Transit AuthorityDistrict Court, E.D. Louisiana · 2023
  4. Apodaca-Fisk v. AllenDistrict Court, W.D. Texas · 2020
  5. Arlington Professional Fire Fighters International Association of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, and Adrian Rojas v. City of Arlington, Texas City of Arlington, Texas, City Council City of Arlington, Texas, Civil Service Commission Jim Ross, in His Official Capacity as Mayor of the City of Arlington Helen Moise, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council Ralph Gonzalez, in His Official Capacity as a Member of the City of Arlington, Texas, City Council Nikkie Hunter, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council, Texas Court of Appeals, 2nd District (Fort Worth)2021

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