Moss v. Martin

Dist. Ct. did not err in granting defendants-state officials' motion for summary judgment alleging qualified immunity in section 1983 action alleging that defendants terminated plaintiff due to his affiliation with Republican Party. Dist. Ct. could properly conclude that defendants reasonably believed that discharge of plaintiff was lawful where: (1) CMS designated plaintiff's position in 1992 as being Rutan exempt; (2) plaintiff's job description was inconclusive as to whether it qualified for protection under Rutan; and (3) plaintiff failed to show any analogous case law to establish that plaintiff's job was covered under Rutan rule banning politically-based firings.