The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 21, 2008:
- Bolton v. City of Dallas (Jolly, Clement, Owen, JJ.; per curiam opinion) (appeal from N.D. Tex.). Affirming judgment of the district court that the city was not liable in this § 1983 action for the termination of the police chief plaintiff by the city manager. The district court entered summary judgment in favor of the city manager; the Fifth Circuit affirmed on the basis that the city manager was entitled to qualified immunity. On remand, the district court found that the only remaining claim was against the city, and entered summary judgment in favor of the city. The Fifth Circuit held that, even though the city manager was the final decisionmaker, the city was not liable because the city manager’s termination of the police chief did not reflect policies of the city.
