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KELLY v. MUNICIPAL COURTS OF MARION COUNTY, INDIANA

No. 95-2448.

97 F.3d 902 (1996)

David KELLY, Plaintiff-Appellant, v. MUNICIPAL COURTS OF MARION COUNTY, INDIANA, Municipal Court Room Six (6) of Marion County, Indiana, Wendell W. Mayer, as Administrator of Support Personnel of Municipal Court Room Six and individually, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1996.

Attorney(s) appearing for the Case

Jack C. Brown, Indianapolis, IN, John O. Moss (argued), Moss & Associates, Indianapolis, IN, for Plaintiff-Appellant.

Anthony W. Overholt (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.

Before COFFEY, EASTERBROOK, and EVANS, Circuit Judges.

COFFEY, Circuit Judge.

David Kelly, a black male and a Jehovah's Witness, worked as a bailiff in the courtroom of Judge Wendell Mayer. Mayer discharged Kelly, ostensibly for poor job performance as well as for inappropriate conduct, including proselytizing and reading the Bible in public areas of the court house. In response, Kelly brought suit, claiming that he was harassed and ultimately fired due to his race, religious beliefs, and refusal to contribute to and...

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