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CURRAN v. COUSINS

No. 07-1686.

509 F.3d 36 (2007)

Joseph V. CURRAN, Plaintiff, Appellant, v. Frank G. COUSINS, Jr., individually and in his official capacity as Essex County Sheriff; Thomas C. Goff, individually and in his official capacity as Essex County Special Sheriff; and Essex County Sheriff's Department, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Harvey A. Schwartz with whom Lori A. Jodoin and Rodgers, Powers & Schwartz were on brief for appellant.

Geoffrey P. Wermuth with whom Michael J. Pacinda and Murphy, Hesse, Toomey & Lehane LLP were on brief for appellees.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, OBERDORFER, Senior District Judge.

LYNCH, Circuit Judge.

Joseph V. Curran sued the Essex County Sheriff's Department, the Sheriff, and others, asserting they terminated his employment as a correctional officer in retaliation for his speech, in violation of the First Amendment and the Massachusetts Declaration of Rights. The district court found that the public interest in the employee's speech was outweighed by the danger the speech would cause to the effective functioning of the Department and entered...

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