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JACKSON v. CITY OF BLOOMFIELD

No. 83-1019.

731 F.2d 652 (1984)

Lucille JACKSON and Byron T. Smith, Plaintiffs-Appellees, v. The CITY OF BLOOMFIELD, a municipal corporation, Ed Wagoner, individually and in his capacity as mayor of the City of Bloomfield and member of the City Council, Ted Stiffler, Shirley Curtis, Max Valencia, William Huntington and R.T. Toliver, individually and in their official capacities as members of the City Council, and Ray Montano, individually and in his official capacity as Chief Administrator of the City of Bloomfield, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 30, 1984.

Attorney(s) appearing for the Case

Diane Fisher, Albuquerque, N.M. (Duane C. Gilkey, Albuquerque, N.M. with her on the briefs; and Jay Burnham of Moeller & Burnham, Farmington, N.M., with them on the briefs) of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., for defendants-appellants.

Philip B. Davis of Davis & Dempsey, Albuquerque, N.M., for plaintiffs-appellees.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY, LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs Lucille Jackson and Byron Smith brought this action under 42 U.S.C. § 1983 (1976) against the City of Bloomfield and various city officials (City). Plaintiffs alleged that their employment with the City was wrongfully terminated in retaliation for the exercise of their First Amendment rights. The City moved for judgment on the pleadings, asserting that the claims were barred by the...

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