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THAETER v. PALM BEACH COUNTY SHERIFF'S OFFICE

Nos. 03-13177, 03-13197.

449 F.3d 1342 (2006)

Ronald THAETER, Plaintiff-Appellant, v. PALM BEACH COUNTY SHERIFF'S OFFICE, Ed Bieluch, former Sheriff, in his individual capacity and Ric L. Bradshaw, in his official capacity as Sheriff of Palm Beach County, Defendants-Appellees. Timothy Moran, Plaintiff-Appellant, v. Palm Beach County Sheriff's Office, Ed Bieluch, former Sheriff, in his individual capacity and Ric L. Bradshaw, in his official capacity as Sheriff of Palm Beach County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 26, 2006.

Attorney(s) appearing for the Case

Richard L. Rosenbaum, Law Offices of Richard L. Rosenbaum, Ft. Lauderdale, FL, for Thaeter and Moran.

Daniel R. Aaronson, Benjamin & Aaronson, P.A., Ft. Lauderdale, FL, for Thaeter.

Fred H. Gelston, Fred H. Gelston, P.A., West Palm Beach, FL, for Defendants-Appellees.

Before BIRCH, KRAVITCH and CUDAHY, Circuit Judges.

BIRCH, Circuit Judge:

This consolidated appeal presents the issue of whether photographs and videotapes of deputy sheriffs engaging in sexually explicit, off-duty conduct available for pay-per-view on the Internet is entitled to First Amendment protection. The district court granted the motion to dismiss of the sheriff who approved the terminations of the participating deputy sheriffs. We affirm.

I. BACKGROUND

Plaintiffs-appellants Ronald Thaeter...

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