Allman v. Smith

In section 1983 action alleging that defendant-mayor terminated plaintiffs from their city jobs on account of their political affiliation, Dist. Ct. did not err in denying defendant’s motion for summary judgment on grounds of qualified immunity. Defendant could not seek interlocutory appeal as to one plaintiff’s case, where issue on appeal was whether said plaintiff had properly been placed into current position prior to her termination, which was not issue that pertained to application of qualified immunity. Moreover, defendant was not entitled to qualified immunity as to another plaintiff, where said plaintiff’s job description as customer service supervisor did not indicate on its face that said plaintiff was involved in development of city policy or rules, so as to take her job outside protection of 1st Amendment.