· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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