Bernard Jones v. Rick McNeese
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MELLOY, Circuit Judge.
This 42 U.S.C. §§ 1981 and 1983 lawsuit is before the Court on interlocutory appeal for a second time after we remanded the case for an additional consideration of the defendant’s claim to qualified immunity. The district court determined on remand that the defendant is not entitled to qualified immunity on any ground. We reverse.
I. Background
A. Facts
Bernard Jones, who is African American, was employed as a substance-abuse counselor by the Nebraska Department of Correctional Services (NDOC) from 1991 to 2007. While on injury leave from his job at NDOC in 1998 and 1999,…
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