Calderon v. Martin County
Court of Appeals for the Fifth Circuit
1Opinion of the Court
TJOFLAT, Circuit Judge:
A Florida deputy sheriff brought this civil rights action, under Title VII of the Civil Rights Act of 1964,1 claiming that he was discharged from his position because of his national origin. The district court concluded that a deputy sheriff in Florida is not an “employee” of the state, or a political subdivision thereof, and dismissed the plaintiff’s complaint for failing to allege a federal claim. We think the complaint allegations present the factual question of whether the deputy is an employee within the meaning of Title VII, and therefore vacate the dismissal and…
2Cases cited9 opinions
- Mrs. Billie B. McCLURE, Plaintiff-Appellant, v. the SALVATION ARMY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972
- Lecil Hander v. San Jacinto Junior College, Etc.Court of Appeals for the Fifth Circuit · 1975
- Blackburn v. BroreinSupreme Court of Florida · 1954
- Howard v. Ward CountyDistrict Court, D. North Dakota · 1976
- Smith v. Dutra Trucking CompanyDistrict Court, N.D. California · 1976
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3Cited by55 opinions
- Williams v. MeeseCourt of Appeals for the Tenth Circuit · 1991
- Augusta Clark v. Tarrant County, TexasCourt of Appeals for the Fifth Circuit · 1986
- Lynn Armbruster v. Terry QuinnCourt of Appeals for the Sixth Circuit · 1983
- Owens v. RushCourt of Appeals for the Tenth Circuit · 1981
- Russell v. Board of County CommissionersSupreme Court of Oklahoma · 1997
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