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EILRICH v. REMAS

No. 86-2940.

839 F.2d 630 (1988)

Mark EILRICH, Plaintiff-Appellant, v. Bernard J. REMAS, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 17, 1988.

Attorney(s) appearing for the Case

Amitai Schwartz, Law Offices of Amitai Schwartz, San Francisco, Cal., for plaintiff-appellant.

Charles K. Brunn, Philip W. Harvey, Brunn, Thayer, Flynn & Harvey, and Michael D. Milich, Modesto, Cal., for defendants-appellees.

Before SKOPIL, and NELSON, Circuit Judges, and O'SCANNLAIN, Circuit Judge.

NELSON, Circuit Judge:

Appellant Mark Eilrich, a municipal police officer, was discharged by the City of Riverbank ("the City") after making statements about a controversy within the police department to the Riverbank City Council. A city administrative hearing officer, in upholding Eilrich's discharge, determined that the statements were not protected by the first amendment. The district court granted summary judgment for the City, finding that collateral estoppel...

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