GREENBERG v. KMETKO

No. 85-2104, 85-2183.

840 F.2d 467 (1988)

Richard Paul GREENBERG, Plaintiff-Appellee, v. Thomas KMETKO and Bruce Weflen, Defendants-Appellants. Richard Paul GREENBERG, Plaintiff-Cross-Appellant, v. Thomas KMETKO and Bruce Weflen, Defendants-Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 18, 1988.

As Amended March 9, 1988.


Attorney(s) appearing for the Case

Robert McFarland, Asst. Atty. Gen., Chicago, Ill., for defendants-appellants/cross-appellees.

Sheldon L. Smith, Chicago, Ill., for plaintiff-appellee/cross-appellant.

Before BAUER, Chief Judge, CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, and KANNE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.


Reheard En Banc September 15, 1987.

COFFEY, Circuit Judge.

The defendants-appellants, Thomas Kmetko and Bruce Weflen, appeal from the judgment of the district court that they had violated plaintiff-appellant Richard Greenberg's First Amendment free speech right. The defendants submit on appeal that they should be shielded from liability by qualified immunity. They also challenge the district court's finding that Greenberg's conduct was protected by the First...

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