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FINN v. NEW MEXICO

No. 00-2276.

249 F.3d 1241 (2001)

John FINN, Plaintiff-Appellee, v. State of NEW MEXICO, State Personnel Office; New Mexico State Highway and Transportation Department, Defendants, and Pete K. Rahn, Secretary, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 11, 2001.

Attorney(s) appearing for the Case

Paula I. Forney, Albuquerque, NM, (Cheryl O'Connor, Santa Fe, New Mexico, with her on the briefs), for Defendant-Appellant.

Herbert M. Silverberg, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before BRISCOE and PORFILIO, Circuit Judges, and MARTEN, District Judge.

MARTEN, District Judge.

Defendant-Appellant, Secretary of the New Mexico State Highway and Transportation Department, appeals from the district court's order denying: 1) his request for summary judgment on Plaintiff-Appellee's claim of wrongful termination in violation of his First Amendment rights; and 2) his claim of qualified immunity. Our jurisdiction arises under 28 U.S.C. § 1291, and we AFFIRM.

Background

Plaintiff was a classified...

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