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DEMPSEY v. CITY OF OMAHA

No. 09-3667.

633 F.3d 638 (2011)

Tim DEMPSEY, Plaintiff-Appellant, v. CITY OF OMAHA, a municipal corporation; Michael G. Fahey, Individually and in his Official Capacity; Paul Landow, Individually and in his Official Capacity; Thomas Marfisi, Individually and in his Official Capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2011.

Attorney(s) appearing for the Case

Jerold Vincent Fennell , argued, Elm Grove, WI, for appellant.

Alan M. Thelen , Deputy City Attorney, argued, Michelle Peters , Assistant City Attorney, on the brief, Omaha, NE, for appellee.

Before LOKEN, BRIGHT and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Tim Dempsey, the former Chief of Police for Elkhorn, Nebraska, appeals the district court's denial of his First Amendment retaliation claims against the City of Omaha. The events giving rise to this action occurred in the context of Omaha's contested and protracted annexation of Elkhorn. Throughout and following this process, Omaha hired most Elkhorn employees who sought employment with Omaha. Dempsey argues he participated in protected speech...

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