No. 84-1440.

779 F.2d 992 (1985)

Robert M. BERGER, Appellant, and Ray Franklin Barhight, Jr., Plaintiff, v. Frank J. BATTAGLIA, Individually and as Police Commissioner, City of Baltimore and Baltimore City Police Department, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 1985.

Attorney(s) appearing for the Case

Barbara Mello, American Civil Liberties Union of Maryland, Baltimore, Md., for appellant.

Justin J. King (Benjamin L. Brown, City Sol., Ambrose T. Hartman, Deputy Sol., Millard S. Rubenstein, Asst. Sol., Baltimore, Md., for appellees.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.


The issue is whether, consistently with the first amendment, the Baltimore Police Department could condition the continued employment of one of its police officers upon his cessation of off-duty public entertainment performances in blackface that members of Baltimore's black community found offensive. In this action by the police officer against the Department under 42 U.S.C. § 1983, the district court, applying the balancing...

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