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Gonzales v. Dallas County, Texas

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Appeal from the United States District Court for the Northern District of Texas

The district court denied qualified immunity to these defendant-appellant Dallas County, Texas constables. They are alleged to have discharged the plaintiff-appellee, Armando Gonzales, in retaliation for his exercising his First Amendment rights. We reverse the district court’s order. Although it is true that Gonzales engaged in activity protected by the First Amendment when he testified before a grand jury investigating corruption in the constable’s department, the discharge was objectively reasonable with regard to Gonzales’s constitutional rights. We reach this conclusion in the light of Gonzales’s subsequent conduct of using excessive force and because the record demonstrates that the discharge was justified on grounds unrelated to his First Amendment rights and would have occurred notwithstanding his exercise of such rights.

I.

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