[DOWNLOAD] "Francia v. White" by Tenth Circuit. United States Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Francia v. White
- Author : Tenth Circuit. United States Court of Appeals
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is a ร§ 1983 civil rights action in which the plaintiffs, who were deputy sheriffs in Sandoval County, New Mexico, allege that they were terminated from their employment by the defendant, who was elected sheriff in November 1976; that the reason for their termination was that he was a Republican and that they were Democrats; that each of them had supported the defendant's Democratic opponent in the November 2, 1976 general election. Plaintiffs asked the court to enjoin the defendant from conditioning employment in the sheriff's office upon the plaintiffs' past, present or future political support and loyalty or allegiance to the Republican Party. The plaintiffs also asked the court to award damages, compensatory and exemplary. Defendant in his answer denied all of the allegations, and particularly those that the plaintiffs were terminated because they were Democrats rather than Republicans, and because of their having actively supported the defendant's Democratic opponent for Sandoval County Sheriff. In addition, the defendant asks that the suit be dismissed because of the plaintiffs' failure to allege that the sheriff was acting under color of state law or took state action when he terminated them. Moreover, the defendant maintains that the plaintiffs had not been issued commissions on account of political allegiance, but, rather, for other reasons than their political party affiliations and their active support of the opponent. Defendant asserts also that he acted in good faith and that at no time did he deprive plaintiffs of their constitutional rights.