GILLETTE v. DELMORE

No. 87-3533.

886 F.2d 1194 (1989)

James GILLETTE, Plaintiff-Appellant, v. Duane DELMORE; Jerry Garriott and the City of Eugene, a political subdivision of the State of Oregon, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1989.


Attorney(s) appearing for the Case

David C. Force, Eugene, Or., for plaintiff/ appellant.

Steve C. Baldwin, Eugene, Or., for defendant/ appellee.

Before CANBY, THOMPSON and LEAVY, Circuit Judges.


CANBY, Circuit Judge:

James Gillette appeals the district court's summary judgment in favor of the City of Eugene, Oregon, on his claim under 42 U.S.C. § 1983 for unlawful discharge from public employment in violation of his first amendment rights. We affirm in part, reverse in part, and remand.

FACTS AND PROCEEDINGS BELOW

On May 19, 1983, James Gillette, a fireman of the City of Eugene, Oregon, was

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