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McEVOY v. SHOEMAKER

No. 88-1317.

882 F.2d 463 (1989)

Lieutenant Jeffrey McEVOY, Plaintiff-Appellee, v. Harold J. SHOEMAKER and Ben K. Blake, Defendants-Appellants, and City of Aurora, Colorado, Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 6, 1989.

Attorney(s) appearing for the Case

Sander N. Karp (Shelley P. Dodge, with him on the brief) of Karp & Dodge, Denver, Colo., for plaintiff-appellee.

Herbert C. Phillips of Hayes & Phillips, Denver, Colo., for defendants-appellants.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Things have changed since Justice Holmes, then a member of the Supreme Judicial Court of Massachusetts, declared nearly a century ago that a policeman "may have a constitutional right to talk politics, but he has no constitutional right to be a policeman." McAuliffe v. Mayor of New Bedford, 155 Mass. 216, 29 N.E. 517, 517 (1892). At least since the Supreme Court's decision in Shelton v. Tucker...

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