SIMS v. YOUNG

No. 76-1091.

556 F.2d 732 (1977)

James R. SIMS, Plaintiff-Appellant, v. Virginia S. YOUNG, Individually and as Mayor of the City of Fort Lauderdale, Florida, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 27, 1977.


Attorney(s) appearing for the Case

Joseph C. Segor, Joseph H. Kaplan, Miami, Fla., for plaintiff-appellant.

W. W. Caldwell, Jr., Donald R. Hall, Fort Lauderdale, Fla., for defendants-appellees.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.


GODBOLD, Circuit Judge:

This is a suit for declaratory judgment and injunctive relief1 brought under 42 U.S.C. § 1983 by a city fire captain against city officials who had suspended him for a temporary period of 20 days. Captain Sims has since been reinstated.

The case was presented to the district court on stipulated facts. Sims, the president of his local firefighters union, published in the union newsletter a fairly intemperate...

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