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GILLETTE v. DELMORE

No. 91-35142.

979 F.2d 1342 (1992)

James GILLETTE, Plaintiff-Appellee, v. Duane DELMORE, Defendant, and City of Eugene, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 10, 1992.

Attorney(s) appearing for the Case

William F. Gary and Glenn Klein, Harrang Long Watkinson Arnold & Laird, Eugene, Or., for defendant-appellant.

Michael V. Phillips, Johnson, Clifton, Larson & Bolin, Eugene, Or., for plaintiff-appellee.

Before: WALLACE, Chief Judge, GOODWIN, Circuit Judge, and CROCKER, District Judge.

PER CURIAM:

The City of Eugene (City) appeals from the district court's judgment following a jury trial in favor of James Gillette, a former City fire fighter, in his 42 U.S.C. § 1983 suit. Gillette argued that he was suspended from his employment in violation of his First Amendment speech rights. The central issue on appeal is whether, for purposes of municipal liability under section 1983, the City Manager made city policy by declining to overrule a subordinate...

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