FIKES v. CITY OF DAPHNE

No. 94-7216.

79 F.3d 1079 (1996)

James Larry FIKES, Plaintiff-Appellant, v. CITY OF DAPHNE; Joseph Hall, Police Chief for City of Daphne; Susan Hostetter, City Personnel Manager a/k/a Susan Cowart; Charlie McNichol, Employee for the City of Daphne; Walter Gipson, Employee for the City of Daphne, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 9, 1996.


Attorney(s) appearing for the Case

Wayne A. Ehlers, Semmes, AL, for appellant.

M. Kathryn Knight, Miller, Hamilton, Snider & Odom, L.L.C., Mobile, AL, for appellees.

Before TJOFLAT, Chief Judge, and DYER and GARTH, Senior Circuit Judges.


TJOFLAT, Chief Judge:

This appeal presents the question of whether the district court erred in dismissing, for failure to state a claim, a police officer's complaint alleging that he was discharged from his employment for exercising his freedom of speech. We find that the complaint does state a claim. We therefore VACATE the court's judgment and REMAND the case for further proceedings.

I.

On October 19,...

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