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MORRIS v. CROW

No. 95-3306.

117 F.3d 449 (1997)

Cynthia MORRIS, Plaintiff-Appellee, v. Lawrence W. CROW, Jr., as the Sheriff of Polk County, Florida and individually, Don McDaniel, Under-Sheriff of Polk County, Florida and individually, Paul F. Alley, individually and in his official capacity as Colonel of the Polk County Sheriff's Office, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit

May 21, 1997.

Attorney(s) appearing for the Case

Judith J. Flanders, Robert L. Trohn, Christine M. Casingal, Donald G. Jacobsen, Lane, Trohn, Clarke, Bertrand, Lakeland, FL, for Defendants-Appellants.

Jonathan L. Alpert, William S. Josey, Ryan Christopher Rodems, Chris A. Barker, William J. Cook, Albert, Josey & Hughes, P.A., Tampa, FL, for Plaintiff-Appellee.

Before TJOFLAT, DUBINA and CARNES, Circuit Judges.

PER CURIAM.

Sheriff Lawrence W. Crow and Under-sheriff Don McDaniel appeal from a judgment entered against them in their individual and official capacities, following a jury trial, in this First Amendment case brought under 42 U.S.C. § 1983. The dispositive issue in the case is whether the speech for which Cynthia Morris was allegedly disciplined is sufficiently protected by the First Amendment to prohibit her employer from taking action in response to it. We...

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