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BAILEY v. DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

No. 05-2448.

451 F.3d 514 (2006)

David W. BAILEY, Appellant, v. DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, a branch of the government of the State of Missouri; Ronald W. Vessell, in his individual and official capacities; Neil Scully, in his individual and official capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 23, 2006.

Attorney(s) appearing for the Case

Eli Karsh, argued, St. Louis, MO, for appellant.

Joel E. Anderson, argued, AAG, Jefferson City, MO, for appellee.

Before RILEY, MELLOY, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

David W. Bailey (Bailey), a former employee of the Missouri Department of Elementary and Secondary Education, sued his employer and his supervisors (collectively, DESE), alleging they terminated his contract in response to protected speech Bailey made on matters of public concern. Following a jury trial, the jury found certain instances of Bailey's speech were motivating factors in DESE's decision to terminate Bailey's contract. After the verdict...

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