FULTZ v. DUNN

Nos. 97-7378, 97-7503.

165 F.3d 215 (1998)

Kenneth W. FULTZ v. John S. DUNN, Jr.; Dennis L. Farley; Department of Environmental Resources, Commonwealth of Pennsylvania; James M. Seif John S. Dunn, Jr.; Dennis L. Farley, Appellants in No. 97-7378. Kenneth W. Fultz, Appellant in No. 97-7503 v. John S. Dunn, Jr.; Dennis Farley; Department of Environmental Resources, Commonwealth of Pennsylvania; James M. Seif.

United States Court of Appeals, Third Circuit.

Decided December 21, 1998.


Attorney(s) appearing for the Case

D. Michael Fisher, Attorney General, John G. Knorr, III (argued), Chief Deputy Attorney General, Chief, Appellate Litigation Section, Calvin R. Koons, Senior Deputy Attorney General, Gwendolyn T. Mosley, Senior Deputy Attorney General, Harrisburg, PA, for John S. Dunn and Dennis L. Farley.

Cletus P. Lyman (argued), Michael S. Fettner, Lyman & Ash, Philadelphia, PA, for Kenneth W. Fultz.

BEFORE: GREENBERG, ALITO, and GODBOLD, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

Appellants John S. Dunn, Jr. and Dennis Farley, officers of the Pennsylvania Department of Conservation and Natural Resources, appeal from a final judgment entered on a jury verdict against them in favor of appellee Kenneth W. Fultz, a Department employee. Fultz asserted a First Amendment retaliation claim in this action under 42 U.S.C. § 1983, the alleged retaliation being in...

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