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LUCAS v. O'LOUGHLIN

Nos. 86-3347, 87-3153.

831 F.2d 232 (1987)

Sylvester LUCAS, Plaintiff-Appellant, v. Francis O'LOUGHLIN, individually and in his official capacity as Sheriff of St. Johns County; Ronald Janson, individually and in his official capacity as Captain of Auxiliary Services for the St. Johns County Sheriff's Office; St. Johns County, Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 2, 1987.

Attorney(s) appearing for the Case

Courtney Johnson, Sheppard & White, P.A., Jacksonville, Fla., for plaintiff-appellant in No. 86-3347.

Gayle Smith Swedmark, Madigan, Parker, Gatlin, Swedmark and Skelding, Tallahassee, Fla., for defendants-appellees in No. 86-3347.

Peter Reed Corbin, Corbin & Dickinson, Jacksonville, Fla., for defendant-appellee St. Johns County.

William J. Sheppard, Courtney Johnson, Sheppard & White, P.A., Jacksonville, Fla., for plaintiff-appellant in No. 87-3153.

Gayle S. Swedmark, Madigan, Parker, Gatlin, Swedmark & Skelding, P.A., Tallahassee, Fla., Peter R. Corbin, Corbin & Dickinson, P.A., Jacksonville, Fla., for defendants-appellees in No. 87-3153.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

These are two appeals by the plaintiff below, Sylvester Lucas, from two judgments of the trial court of which he complains. The two appeals have been consolidated.

I. STATEMENT OF THE CASE

Lucas, who was at that time deputy sheriff of St. Johns County, Florida, was terminated by O'Loughlin, the sheriff, on grounds that the jury below found violated Lucas' First Amendment rights. During the course of the trial, the trial...

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