MURPHY v. CITY OF FLAGLER BEACH

Nos. 83-3273, 83-3743.

761 F.2d 622 (1985)

Gary MURPHY, Plaintiff-Appellant, Cross-Appellee, v. CITY OF FLAGLER BEACH, and Daniel H. Bennett, Defendants-Appellees, Cross-Appellants. Gary MURPHY, Plaintiff-Appellant, v. FLAGLER BEACH, etc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 28, 1985.


Attorney(s) appearing for the Case

Joseph T. Garlovsky, Nathan G. Dinitz, Daytona Beach, Fla., for plaintiff-appellant, cross-appellee.

C. Allen Watts, Daytona Beach, Fla., for defendants-appellees, cross-appellants.

Before RONEY and CLARK, Circuit Judges, and SIMPSON, Senior Circuit Judge.


SIMPSON, Senior Circuit Judge:

Gary Murphy began working as a police officer for the City of Flagler Beach, Florida, ("the City") in July 1977. In 1979, he received a letter from Police Chief Daniel H. Bennett, dated January 18, which informed him that he would be fired if he did not voluntarily resign. An attachment to the letter alleged three specific reasons for Bennett's decision: (1) Murphy had violated Florida law by recklessly displaying a firearm in arresting...

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