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STARLING v. BOARD OF COUNTY COM'RS

No. 09-11168.

602 F.3d 1257 (2010)

Randolph STARLING, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS, Palm Beach County, Ken Fischer, in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 6, 2010.

Attorney(s) appearing for the Case

Isidro M. Garcia, Garcia Law Firm, P.A., West Palm Beach, FL, for Starling.

Barry Seth Balmuth, Barry S. Balmuth, P.A., Andrew Marcus Pelino, Leonard Berger, West Palm Beach, FL, for Defendants-Appellees.

Before DUBINA, Chief Judge, KRAVITCH, Circuit Judge, and ALBRITTON, District Judge.

KRAVITCH, Circuit Judge:

The primary question in this appeal is whether Palm Beach County and one of its Fire Department officers violated a firefighter's First Amendment right to intimate association when they demoted him for an extramarital affair with one of his subordinates. We conclude that they did not violate the Constitution because the County's interest in discouraging extramarital association between supervisors...

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