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· 9/19/1979

Robert Janusaitis v. Middlebury Volunteer Fire Department

Citations

  • 607 F.2d 17
  • 1979 U.S. App. LEXIS 11723

How courts have described this case

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

  • concluding that hardship from a district court venue transfer that “Congress explicitly attempted to prevent” justified mandamus
  • concluding that a defendant could provide fair notice of its 21 statute of limitations defense through a memorandum of points and authorities 22 accompanying its motion for leave to amend its answer
  • finding that fire protection is a function “so traditionally associated with sovereignty that its performance, even by an otherwise ‘private’ entity, constitutes state action.”
  • applying Pickering, volunteer fireman’s first amendment rights were not violated when he was fired for making statements in contravention of department regulations
  • identifying speech falling within “general protection of the First Amendment,” but concluding that plaintiffs conduct evinced concern only with “proving himself right”
  • assuming without deciding that the opportunity to volunteer as a fireman was a benefit

Source: CourtListener parenthetical corpus (CC0).

Judges: Mansfield, Gurfein, Leval

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.