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Facebook 4 Th Circuit

Facebook 4 Th Circuit

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Published by Joe Palazzolo
Fourth Circuit
Fourth Circuit

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Published by: Joe Palazzolo on Sep 18, 2013
Copyright:Attribution Non-commercial


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 No. 12-1671
 BOBBY BLAND; DANIEL RAY CARTER, JR.; DAVID W. DIXON; ROBERTW. MCCOY; JOHN C. SANDHOFER; DEBRA H. WOODWARD,Plaintiffs - Appellants,v.B. J. ROBERTS, individually and in his official capacity asSheriff of the City of Hampton, Virginia,Defendant - Appellee.
--AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIESUNION OF VIRGINIA FOUNDATION; FACEBOOK, INC.; NATIONALASSOCIATION OF POLICE ORGANIZATIONS,Amici Supporting Appellants.Appeal fromthe United States District Court for the EasternDistrict of Virginia, at Newport News. Raymond A. Jackson,District Judge. (4:11-cv-00045-RAJ-TEM)Argued: May 16, 2013 Decided: September 18, 2013Before TRAXLER, Chief Judge, THACKER, Circuit Judge, and EllenLipton HOLLANDER, United States District Judge for the Districtof Maryland, sitting by designation.Affirmed in part, reversed in part, and remanded by publishedopinion. Chief Judge Traxler wrote the opinion, in which Judge
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2 Thacker joined. Judge Hollander wrote a separate opinionconcurring in part and dissenting in part.
James Harrell Shoemaker, Jr., PATTEN, WORNOM, HATTEN &DIAMONSTEIN, LC, Newport News, Virginia, for Appellants. AaronM. Panner, KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL,P.L.L.C., Washington, D.C., for Amicus Facebook, Inc. Jeff W.Rosen, PENDER & COWARD, PC, Virginia Beach, Virginia, forAppellee.
Lisa Ehrich, PENDER & COWARD, PC, VirginiaBeach, Virginia, for Appellee. Andrew E. Goldsmith, KELLOGG,HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C., Washington, D.C.,for Amicus Facebook, Inc. Aden J. Fine, Kathryn A. Wood,AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York;Rebecca K. Glenberg, AMERICAN CIVIL LIBERTIES UNION OF VIRGINIAFOUNDATION, INC., Richmond, Virginia, for Amici American CivilLiberties Union and ACLU of Virginia. J. Michael McGuinness, THE MCGUINNESS LAWFIRM, Elizabethtown, North Carolina; William J. Johnson, NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS,Alexandria, Virginia, for Amicus National Association of PoliceOrganizations.
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3 TRAXLER, Chief Judge:Six plaintiffs appeal a district court order grantingsummary judgment against themin their action against B.J.Roberts in his individual capacity and in his official capacityas the Sheriff of the City of Hampton, Virginia. The suitalleges that Roberts retaliated against the plaintiffs inviolation of their First Amendment rights by choosing not toreappoint thembecause of their support of his electoralopponent. We affirmin part, reverse in part, and remand fortrial.I.Viewing the facts in the light most favorable to theplaintiffs, as we must in reviewing an order granting summary judgment against them, the record reveals the following. BobbyBland, Daniel Ray Carter, Jr., David W. Dixon, Robert W. McCoy, John C. Sandhofer, and Debra H. Woodward (the Plaintiffs) areall former employees of the Hampton Sheriffs Office (“theSheriffs Office”).Roberts was up for re-election in November 2009, havingserved as sheriff for the prior 17 years. JimAdams announcedin early 2009 that he would run against Sheriff Roberts. Adamshad worked in the Sheriffs Office for 16 years and had becomethe third most senior officer, with a rank of lieutenantcolonel, when he resigned in January 2009 to run.
Appeal: 12-1671 Doc: 59 Filed: 09/18/2013 Pg: 3 of 81

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