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SHEPPARD v. BEERMAN

Docket No. 02-7292.

317 F.3d 351 (2003)

Brian SHEPPARD, Plaintiff-Appellant, v. Leon BEERMAN, as an individual and in his official capacity as Justice of the Supreme Court of the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 28, 2003.

Attorney(s) appearing for the Case

Brian Sheppard, Law Office of Brian Sheppard, New Hyde Park, NY, pro se, for Plaintiff-Appellant.

Michael B. Siller, for Eliot Spitzer, Att'y Gen. of N.Y., New York, N.Y. (Michael S. Belohlavek, Deputy Solicitor Gen. of N.Y., New York, NY, of counsel) for Defendant-Appellee.

Before: WINTER, McLAUGHLIN and CABRANES, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Former law clerk Brian Sheppard appeals from the district court's grant of summary judgment to his former employer, Judge Leon Beerman. In an earlier opinion in this case, we noted that the First Amendment protects the eloquent and the insolent alike. Plaintiff has now conducted ample discovery, but has failed to create a genuine issue of material fact as to Judge Beerman's intent in terminating him. We hold, therefore, that the district...

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