Gann v. Rinehart, 10th Cir. Mar. 11, 2008
07-6011 Gann v. Rinehart
Before KELLY, EBEL, and McCONNELL, Circuit Judges.
KELLY, Circuit Judge. Defendant-Appellant Brent Rinehart, Oklahoma County Commissioner, in his individual capacity, appeals the district court’s denial of his Fed. R. Civ. P. 12(b)(6) motion to dismiss on qualified immunity grounds. Plaintiff-Appellee Sharee Gann brought this action pursuant to 42 U.S.C. § 1983, alleging Commissioner Rinehart, acting under color of state law, violated her First Amendment rights by engaging in political patronage. Our jurisdiction arises under 28 U.S.C. § 1291 and the collateral order doctrine allowing an interlocutory appeal from the denial of qualified immunity that rests upon purely legal grounds, Johnson v. Jones, 515 U.S. 304, 317 (1995); Mitchell v. Forsyth, 472 U.S. 511, 530 (1985), and we affirm. … Gann v. Rinehart.
