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BALTON v. CITY OF MILWAUKEE

No. 97-1703.

133 F.3d 1036 (1998)

Kelvin BALTON and Tyrone Barnes, Plaintiffs-Appellants, v. CITY OF MILWAUKEE and Dennis Michalowski, individually and in his official capacity as Deputy Chief of the Milwaukee Fire Department, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 1998.

Attorney(s) appearing for the Case

Curry First, First, Blondis, Albrecht, Bangert & Novotnak, Peter Koneazny (argued), American Civil Liberty Union of Wisconsin, Milwaukee, WI, for Plaintiffs-Appellants.

Melanie R. Swank (argued), Milwaukee City Attorney's Office, Milwaukee, WI, for Defendants-Appellees.

Before CUDAHY, COFFEY, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Kelvin Balton and Tyrone Barnes are fire-fighters, more precisely "assistant chief dispatchers," with the City of Milwaukee Fire Department. In this suit they contend that a performance evaluation rating them "below average" for "professional qualities," issued by the deputy chief of the fire department, Dennis Michalowski, violated their constitutional rights to freedom of association or, as more peculiar to this case, their freedom...

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