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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.