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MARTIN v. PARRISH

No. 85-1771.

805 F.2d 583 (1986)

J.D. MARTIN, Plaintiff-Appellant, v. Jess PARRISH, President of Midland College, Don Hunt, Vice President of Midland College, Raymond Yell, Dean of Midland College and Fred S. Wright, Jr., Kenneth A. Peeler, Gloria Hinojosa, John Cooper, Jack M. Huff, William D. Kleine, Reagan H. Legg, William H. McCright, Jr., and Ralph L. Way, Trustees of Midland College, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 1986.

Attorney(s) appearing for the Case

John L. Barnhill, Crosbyton, Tex., for plaintiff-appellant.

Barbara Goolsby, Midland, Tex., John Harrell Feldt, Houston, Tex., for defendants-appellees.

Before JOLLY, HILL, and JONES, Circuit Judges.

EDITH HOLLAN JONES, Circuit Judge:

Whether a publicly employed college teacher is constitutionally protected in the abusive use of profanity in the classroom is the most significant issue presented by this appeal. We hold that the constitution does not shield him and therefore AFFIRM the judgment of the district court.

I. BACKGROUND

Appellant Martin was an economics instructor at Midland College in Midland, Texas. Appellees are the president, vice...

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