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GOMEZ v. TEXAS DEPT. OF MENTAL HEALTH

No. 85-1668. Summary Calendar.

794 F.2d 1018 (1986)

Javier GOMEZ, Plaintiff-Appellant, v. The TEXAS DEPARTMENT OF MENTAL HEALTH and Mental Retardation and Roberto Vargas, Aurelio G. Valdez, Terry Bond, Diane Cano, and Elisa Dale, Individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 21, 1986.

Attorney(s) appearing for the Case

Christie, Berry & Dunbar, Mark Berry, El Paso, Tex., for plaintiff-appellant.

Toni Hunter, Asst. Atty. Gen., Austin, Tex., Fred Weldon, Dallas, Tex., for defendants-appellees.

Before CLARK, Chief Judge, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this suit against the Texas Department of Mental Health and Mental Retardation and various individuals, Javier Gomez alleged that he was terminated from state employment in retaliation for exercising his constitutional right to free speech. Although the jury found that the speech in question was a motivating factor in Gomez' discharge, the district court granted judgment in favor of the defendants. Because the communication...

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