BALDASSARE v. STATE OF N.J.

No. 00-5263.

250 F.3d 188 (2001)

Mark G. BALDASSARE, Appellant, v. The State of NEW JERSEY; County of Bergen; County of Bergen Board of Chosen Freeholders; Office of the Prosecutor; Charles R. Buckley, under color of state law, individually and in his capacity as Acting Prosecutor for Bergen County; John and Jane Doe 1-10, individually in their official capacities.

United States Court of Appeals, Third Circuit.

Filed May 2, 2001.


Attorney(s) appearing for the Case

Linda B. Kenney, ESQUIRE (Argued), Nancy S. Martin, ESQUIRE Kenney, Schaer & Martin The Galleria, Two Bridge Avenue Atrium Building No. 5, Second Floor Red Bank, New Jersey 07701, Attorneys for Appellant.

Barbara H. Parker, ESQUIRE Office of County Counsel, Administration Building Court Plaza South 21 Main Street Hackensack, New Jersey 07601-7000, Attorney for Appellee, County of Bergen.

J. Sheldon Cohen, ESQUIRE (Argued), Peter A. Tucci, Jr., ESQUIRE DeCotiis, Fitzpatrick, Gluck, Hayden & Cole, Glenpointe Centre West 500 Frank W. Burr Boulevard Teaneck, New Jersey, 0766, Attorneys for Appellees, Office of the Prosecutor and Charles R. Buckley, Acting Prosecutor for Bergen County.

Dennis G. Harraka, ESQUIRE Greenberg, Ferrara, Covitz, Turitz, Harraka & Goldberg, 505 Main Street Hackensack, New Jersey 07601, Attorney for Appellee, Board of Chosen Freeholders of Bergen County.

Before SCIRICA and AMBRO, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

The Bergen County Prosecutor demoted and later fired one of his investigators allegedly for his role in an investigation of fellow law enforcement officers. The principal issue on appeal is whether the investigator's dismissal violated his First Amendment rights. Holding the prosecutor's interest in an efficient workplace outweighed the investigator's interest in his speech, the District Court granted summary...

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