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FAIRLEY v. FERMAINT

No. 06-2411.

482 F.3d 897 (2006)

Roger FAIRLEY and Richard Gackowski, Plaintiffs-Appellees, v. Evan FERMAINT, Noberto Bercasio, and Fred Coffey, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 2006.

On Rehearing Decided March 19, 2007.

Rehearing Denied March 19, 2007.

Attorney(s) appearing for the Case

Matthew J. Piers, Hughes Socol Piers Resnick & Dym, Chicago, IL, for Plaintiffs-Appellees.

Daniel Patrick Duffy, Peterson, Johnson & Murray, Chicago, IL, for Defendants-Appellants.

Paul A. Castiglione, Office of the Cook County States Attorney, Chicago, IL, for Amicus Curiae, Richard A. Devine

Michael A. Scodro, Office of the Attorney General, Chicago, IL, for Amicus Curiae, State of Illinois

Benna R. Solomon, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Amicus Curiae, City of Chicago

Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Rehearing En Banc Denied March 19, 2007.

EASTERBROOK, Chief Judge.

Two former guards at Cook County Jail contend in this suit under 42 U.S.C. § 1983 that some of their ex-colleagues violated the Constitution's first amendment (applied to state actors via the fourteenth) by vilifying and assaulting them because they stood up for inmates' rights. According to the complaint, the defendants and their confederates bully and ostracize any guard who plays by...

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