County Commissioner Michael Sinegal terminated
Dawn Polk for being a bad employee. The terminationoccurred after she had unsuccessfully run for office forthe position of Precinct 8, Justice of the Peace. Polksued Commissioner Sinegal for terminating her inviolation of her First Amendment right to run foroffice. The trial court and the Fifth Circuit deniedSinegal qualified immunity holding, in opposition toother federal circuits, that candidacy alone is protectedby the First Amendment.

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 Circuitprecedent did not clearly establish that candidacy alonewas a protected First Amendment right until a yearafter Polk's termination?

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