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· 7/27/2006

James R. Fuerst v. David A. Clarke

Citations

  • 454 F.3d 770
  • 24 I.E.R. Cas. (BNA) 1525
  • 2006 U.S. App. LEXIS 18792
  • 2006 WL 2074818

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that comments made by deputy sheriff as president of sheriffs’ union were “prima facie protected by the First Amendment as a contribution to political debate”
  • concluding that the matter could not be resolved on summary judgment
  • concluding that the matter could not be resolved on summary judgment
  • county sheriff not entitled to summary judgment on First Amendment retaliation claim based on failure to promote
  • “Because [an employee’s] comments that precipitated the adverse action taken against him were made in his capacity 16 as a union representative, rather than in the course of his employment as a deputy sheriff . . . [Garcetti] is inapposite.”
  • “Because [an employee’s] comments that precipitated the adverse action taken against him were made in his capacity as a union representative, rather than in the course of his employment as a deputy sheriff . . . [Garcetti] is inapposite.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Ripple, Manion

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.