No. 11-5092.

681 F.3d 377 (2012)

Morris D. DAVIS, Appellee v. James H. BILLINGTON, in his official capacity as the Librarian of Congress, Appellee Daniel P. Mulhollan, in his individual capacity, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2012.

Attorney(s) appearing for the Case

Sharon Swingle , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Tony West , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Thomas M. Bondy , Attorney.

Aden J. Fine argued the cause for appellee. With him on the brief were Alexander A. Abdo , Arthur B. Spitzer , and Frederick V. Mulhauser.

Louis Fisher and Morton Rosenberg , appearing pro se, were on the brief as amici curiae Dr. Louis Fisher and Morton Rosenberg in support of appellee.

Dissenting opinion filed by Circuit Judge ROGERS.

SENTELLE, Chief Judge:

Appellee, a former employee of the Library of Congress, brought this action against, inter alia, his former supervisor, Daniel Mulhollan, alleging that his termination for publication of articles critical of high-level public officials violated the First and Fifth Amendments of the Constitution and entitled him to damages relief under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388...

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