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SMALLEY v. EATONVILLE CITY OF

No. 79-2962.

640 F.2d 765 (1981)

Wayne SMALLEY, Plaintiff-Appellant, v. EATONVILLE, CITY OF, a public entity and Nathaniel Vereen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

March 27, 1981.

Attorney(s) appearing for the Case

Pilacek, Swindle & Egan, Joseph Egan, Jr., Orlando, Fla., for plaintiff-appellant.

Paul C. Perkins, Sr., Orlando, Fla., for City of Eatonville.

Michael R. Walsh, Orlando, Fla., for Nathaniel Vereen.

Before GODBOLD, Chief Judge, HATCHETT, Circuit Judge and MARKEY, Chief Judge.

GODBOLD, Chief Judge:

The appellant Smalley filed this suit against a town and its mayor asserting that his discharge as a municipal employee violated his rights under the First Amendment and was made for racially discriminatory reasons, and was a retaliatory discharge under 42 U.S.C. § 2000e-3(a).1

The town is Eatonville, a small Florida municipality that claims to be "the oldest and only all black community in the United...

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