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BREWER v. CHAUVIN

No. 89-2980.

938 F.2d 860 (1991)

Bennie BREWER, Appellee, v. Ed CHAUVIN, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Carl E. Cisco, Individually and in his official capacity as County Judge of St. Francis County; Roger Davidson, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Floyd French, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Joe Gattinger, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; George Hutcherson, In official capacity as member of the St. Francis Quorum Court, St. Francis County, Arkansas; M.C. Jeffers, Sr., In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Bonner McCollum, Jr., In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Steve Murray, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Dave Parkman, Individually and in his official capacity as Sheriff of St. Francis County; Appellant, Isaac Wilbourn, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Leodis Williams, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; Cliff Wise, In official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas; B. McCollum, in official capacity as member of the St. Francis County Quorum Court, St. Francis County, Arkansas.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1991.

Attorney(s) appearing for the Case

Fletcher Long, Jr., Forrest City, Ark., for appellant.

Roy C. Lewellen, Marianna, Ark., for appellee.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, and LOKEN, en banc.

BOWMAN, Circuit Judge.

Bennie Brewer was discharged from his position as Deputy Sheriff of St. Francis County, Arkansas without being given a hearing. Brewer filed this action pursuant to 42 U.S.C. § 1983 (1988). The District Court, holding that Brewer had a property interest in the deputy sheriff position and that the manner of his discharge violated his Fourteenth Amendment right not to be deprived of property without due process of law, awarded Brewer back...

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