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SPIERING v. CITY OF MADISON

No. Civ. 92-4078.

863 F.Supp. 1065 (1994)

Thomas SPIERING, Plaintiff, v. CITY OF MADISON, South Dakota; Joan Krantz, Mayor; Marvin Hanson, Joanne Gagnon, George Lee, and Robert Hall, City Commissioners; and Gary Gile, Chief of Police, Defendants.

United States District Court, D. South Dakota, Southern Division.

August 1, 1994.

Attorney(s) appearing for the Case

Rita D. Haverly-Allen, Hagen, Wilka and Archer, P.C., Sioux Falls, SD, Stephen Lane Pevar, ACLU, Denver, CO, for plaintiff.

Gary P. Thimsen, Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Plaintiff Thomas Spiering brings this 42 U.S.C. § 1983 action claiming that defendants violated his First Amendment rights when they demoted him from the position of police captain. The Court took the case under advisement following a bench trial that concluded on Wednesday, July 20, 1994.

I. Findings of Fact

Plaintiff is now...

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