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.