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HOLCOMBE v. HOSMER

No. 05-15151.

477 F.3d 1094 (2007)

Ursula HOLCOMBE, Plaintiff-Appellant, v. David HOSMER; Richard Kirkland, Defendants-Appellees, and Dale Liebherr, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2007.

Attorney(s) appearing for the Case

Jeffery A. Dickerson, Reno, NV, for appellant Ursula Holcombe.

Brian Sandoval, Attorney General, Carson City, NV; Michael Somps, Deputy Attorney General, Carson City, NV, for appellees David Hosmer and Richard Kirkland.

Before A. WALLACE TASHIMA and CONSUELO M. CALLAHAN, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

CALLAHAN, Circuit Judge.

Appellant Ursula Holcombe ("Holcombe") alleged under 42 U.S.C. § 1983 that Appellees David Hosmer and Richard Kirkland (collectively "defendants") dismissed her from the Nevada Department of Public Safety ("Highway Patrol") in retaliation for associating with her husband in violation of her First Amendment rights. The district court granted the defendants' Rule 12(b)(6) motion, concluding that Holcombe's claims were precluded by the state...

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