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102588P.pdf 12/28/2011 Teresa Wagner v. Carolyn Jones U.S. Court of Appeals Case No: 10-2588 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED] [Schreier, Author, with Murphy and Smith, Circuit Judges]
Civil case - Civil rights. In action alleging the Dean of the Iowa College Law discriminated against plaintiff in violation of her First Amendment rights by refusing to hire her for a teaching position because of her political beliefs and associations, the district court erred in granting the Dean's motion for summary judgment based on qualified immunity; when the facts are viewed in their totality with all reasonable inferences drawn for plaintiff, plaintiff presented sufficient evidence for a fact finder to infer that the Dean's repeated decisions not to hire plaintiff were in part motivated by plaintiff's constitutionally protected First Amendment rights of political belief and association; it also appears that a dispute exists as to a material issue of fact, namely whether the Dean would have made the same decisions in the absence of plaintiff's political beliefs and associations; the Dean has not shown that a reasonable university dean in her position would have believed that failing to hire plaintiff was lawful in light of clearly established law; Dean's position as a supervisor did not shield her from Section 1983 liability.