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COOPER v. JOHNSON

No. 77-2481.

590 F.2d 559 (1979)

David E. COOPER, Appellant, v. Ralph M. JOHNSON, Jr., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1979.

Attorney(s) appearing for the Case

John D. Grad, Alexandria, Va. (Hirschkop & Grad, P. C., Gregory E. Stambaugh, Alexandria, Va., on brief), for appellant.

William H. Harris, Fredericksburg, Va., for appellee.

Before WIDENER and HALL, Circuit Judges, and HOFFMAN, Senior District Judge.

K. K. HALL, Circuit Judge:

David E. Cooper, formerly a deputy sheriff in Spotsylvania County, Virginia, filed suit under 42 U.S.C. § 1983 against his employer, Sheriff Ralph M. Johnson, Jr., alleging that he had been dismissed from his job for exercising his constitutional right to speak on an issue of public concern. At the close of the evidence the district court instructed the jury that it was to determine, inter alia, whether Cooper's speech, contained...

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