James D. Thomas v. John Carpenter

We must consider in this case the right of a public employee to seek election to the position occupied by his supervisor, free from retaliatory action against him when he fails. Under the circumstances of this case, we hold that the public employee states a cause of action.

I

Appellant James D. Thomas, a Lieutenant for the County of Santa Barbara Sheriff’s Department, appeals from the district court’s dismissal of his second-amended complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Thomas’s complaint alleges civil rights violations against the County of Santa Barbara and its sheriff, John Carpenter, and seeks both injunctive relief and compensatory and punitive damages under 42 U.S.C. § 1983 (1982). The district court dismissed the complaint with prejudice, concluding that Carpenter's alleged conduct as a matter of law did not violate Thomas’s constitutional rights. We have jurisdiction of Thomas’s timely appeal under 28 U.S.C. § 1291 (1982).

A dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) is a ruling on a question of law and as such is reviewed de novo. Sanders v. Kennedy, 794 F.2d 478, 481…