Jenkins v. Tucker, No. 15-3676 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against Frederick Tucker and the county sheriff, alleging unlawful retaliation after she supported a different candidate in an election for presiding judge. The Eighth Circuit affirmed the district court's denial of summary judgment to Tucker based on qualified immunity, holding that plaintiff provided sufficient evidence for a reasonable fact finder to conclude that Tucker violated plaintiff's right to support an electoral candidate of her choice. Furthermore, the First Amendment right was clearly established at the time.
Court Description: Murphy, Author, with Wollman and Colloton, Circuit Judges] Civil Case - retaliation. In civil rights action asserting retaliation by circuit judge for supporting a different candidate in election for presiding circuit judge, the district court's denial of summary judgment on the basis of qualified immunity is affirmed. Because there is a factual dispute as to whether plaintiff has demonstrated she suffered an adverse employment action, plaintiff provided evidence from which a reasonable fact finder could infer a causal connection to her protected conduct and involvement by the circuit judge, and the First Amendment right at issue is clearly established, the district court did not err in denying qualified immunity.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.