Legal Opinion
Jimmie McBee v. Jim Hogg County, Texas and Gilbert Ybanez, Javier Alfonso Hinojosa v. Jim Hogg County, Texas
Court of Appeals for the Fifth Circuit
Decided April 30, 1984No. 81-2465PublishedCited by 129 opinions
1Opinion of the Court
GEE, Circuit Judge:
Today we consider what constitutional restraints burden the freedom of a local elected official to reappoint subordinates of his defeated opponent — or to decline to do so.
Facts and State Law
We reiterate only such facts, set out at length in the panel opinion,1 as are necessary to an understanding of our resolution of the issue.
In Jim Hogg County, lying in rural South Texas and boasting a population of less than 6,000, nomination in the Democratic primary is tantamount to election to local office. Just over three years ago, Gilbert Ybanez embarked on his statutory four-year…
2Cases cited19 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- 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
- Perry v. SindermannSupreme Court of the United States · 1972
- Elrod v. BurnsSupreme Court of the United States · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- Ronald Newsom Hasan Sharif Eddie J. McMillan and Donald Wolverton v. Steve Norris, Commissioner Michael Dutton, Warden and David HindmanCourt of Appeals for the Sixth Circuit · 1989
- Jenkins v. MedfordCourt of Appeals for the Fourth Circuit · 1997
- Donald C. Tomczak v. The City of Chicago, an Illinois Municipal CorporationCourt of Appeals for the Seventh Circuit · 1985
- Maureen E. Coughlin and Frank S. Mistretta v. Harry Lee A/K/A Jefferson Parish SheriffCourt of Appeals for the Fifth Circuit · 1991
- Click v. CopelandCourt of Appeals for the Fifth Circuit · 1992
124 more not listed; retrieve them via the Exa API.