Mote v. Walthall, No. 17-40754 (5th Cir. 2018)Annotate this Case
The Fifth Circuit dismissed defendant's challenges to the district court's rejection of her qualified immunity defense. In this case, plaintiff filed a 42 U.S.C. 1983 suit against defendant, the police chief, for wrongfully terminating him for exercising his First Amendment rights in connection with his efforts to organize a police association of members of the police department. The court held that plaintiff's association and speech rights to engage in the activities he alleged were clearly protected. Therefore, the district court properly rejected defendant's qualified immunity defense.