· 10/20/1994
Alton Montgomery v. O.A. \Bob\ Brookshire, Sheriff of Ector County, Texas, and Ector County, Texas
Citations
- 34 F.3d 291
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “the exemption was primarily intended to exempt the elected official’s immediate subordinates or those who are his first line advisors.”
- explaining that “[t]he personal staff exception becomes less applicable the lower the particular employee’s position because the exception was primarily intended to exempt the elected official’s immediate subordinates”
- stressing in its application of fourth Teneyuca factor that defendant \barely exhibited any control over Montgomery's day-to-day activities\
- stressing in its application of fourth Teneyuca factor that defendant “barely exhibited any control over Montgomery’s day-to-day activities”
- concluding the district court erred by granting summary judgment because the result “would encompass all 113 law enforcement officials in the [] County” under the personal staff exception and “is inconsistent with the congressional intent that the exception be narrowly construed”
- noting that appointed law enforcement officials numbered 113
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Davis, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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