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DEMERS v. AUSTIN

No. 11-35558.

729 F.3d 1011 (2013)

David K. DEMERS, Plaintiff-Appellant, v. Erica AUSTIN; Erich Lear; Warwick M. Bayly; Frances McSweeney, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2013.

Attorney(s) appearing for the Case

Judith A. Endejan (argued), Graham & Dunn, PC, Seattle, WA, for Plaintiff-Appellant.

Kathryn M. Battuello (argued) and Catherine Hendricks , Office of the Washington Attorney General, Seattle, WA, for Defendants-Appellees.

John Joshua Wheeler , Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, VA, for Amici Curiae American Association of University Professors and the Thomas Jefferson Center for the Protection of Free Expression.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and GORDON J. QUIST, Senior District Judge.

OPINION

W. FLETCHER, Circuit Judge:

David Demers is a tenured associate professor at Washington State University. He brought suit alleging that university administrators retaliated against him in violation of the First Amendment for distributing a short pamphlet and drafts from an in-progress book. The district court granted summary judgment for the defendants, finding that the pamphlet and draft were distributed pursuant to Demers's employment duties under...

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