[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 05-15464 MARCH 7, 2006

Non-Argument Calendar THOMAS K. KAHN

CLERK

D. C. Docket No. 04-00134-CV-4 LAWTON CARL SMITH, JR.,

Plaintiff-Appellant,

versus CITY OF SAVANNAH, MICHAEL B. BROWN,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Georgia

(March 7, 2006) Before TJOFLAT, DUBINA and HULL, Circuit Judges. PER CURIAM:

After reviewing the record and the briefs in this case, we agree with the district court – for the reasons stated in its September 8, 2005 order granting summary judgment – that Mr. Smith would have been demoted for insubordination notwithstanding the email he wrote on May 16, 2002, as president of the Chatham County Fire Chiefs Association, and that Mr. Brown is entitled to qualified immunity.

AFFIRMED.

2