Michael Sinegal v. Dawn Polk

County Commissioner Michael Sinegal terminated Dawn Polk for being a bad employee. The termination occurred after she had unsuccessfully run for office for the position of Precinct 8, Justice of the Peace. Polk sued Commissioner Sinegal for terminating her in violation of her First Amendment right to run for office. The trial court and the Fifth Circuit denied Sinegal qualified immunity holding, in opposition to other federal circuits, that candidacy alone is protected by the First Amendment. The questions presented are:

1. Whether candidacy for political office, standing alone, is a protected right under the First Amendment.

2. Did the Fifth Circuit err in holding that Sinegal was not entitled to qualified immunity when Fifth Circuit precedent did not clearly establish that candidacy alone was a protected First Amendment right until a year after Polk’s termination?