DECOTIIS v. WHITTEMORE

No. 10-1242.

635 F.3d 22 (2011)

Ellen H. DECOTIIS, Plaintiff, Appellant, v. Lori WHITTEMORE, individually and in her official capacity as Director of Child Development Services-Cumberland; Child Development Services-Cumberland; Debra Hannigan, State Director of Child Development Services, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 24, 2011.


Attorney(s) appearing for the Case

Rufus E. Brown , with whom Brown & Burke, Zachary L. Heiden , and MCLU Foundation, were on brief for appellant.

Sarah A. Forster , Assistant Attorney General, with whom Janet T. Mills , Attorney General, and Paul Stern , Deputy Attorney General, were on brief for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges, and SMITH, District Judge.


SMITH, District Judge.

In this case we must consider the First Amendment rights of a speech and language therapist working as a state contractor.1 Navigating the shoals of the standard articulated by the Supreme Court in Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006), has proven to be tricky business, and particularly so in the context of a motion to dismiss, because...

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