Thompson v. Shock

Plaintiff, a former transport deputy for the county, filed suit against Sheriff Andy Shock, in his individual and official capacities, for unlawful employment termination under state and federal law. Plaintiff filed suit under 42 U.S.C. 1983, alleging the deprivation of his First Amendment right to free association. The court affirmed the district court's dismissal of plaintiff's claim against the sheriff in his official capacity because, under Arkansas law and the policies promoted by the county, the sheriff did not act as a final policymaker in the employment decisions of the sheriff's office where such decisions were subject to review by the quorum court. However, the court vacated the finding of qualified immunity for the sheriff in his individual capacity because the district court should have applied the Elrod-Branti analysis to determine whether a government employer could violate an employee's First Amendment rights even if acting under the mistaken belief that the employee was affiliated with a certain candidate. The court explained that the Elrod-Brandi test applied when a constitutional right at issue involved joining, working for or contributing to the political party and candidates of the employee's choice. Therefore, the court remanded that issue for the district court to apply the analysis in the Elrod-Branti line of cases. The court otherwise affirmed the judgment. View "Thompson v. Shock" on Justia Law