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SMITH v. GILCHRIST

No. 12-2503.

749 F.3d 302 (2014)

Sean P. SMITH, Plaintiff-Appellant, v. Peter S. GILCHRIST, III, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 14, 2014.

Attorney(s) appearing for the Case

ARGUED: Matthew Robert Arnold , James Bradley Smith , Arnold & Smith, PLLC, Charlotte, North Carolina, for Appellant.

Grady L. Balentine, Jr. , NORTH Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper , Attorney General, Kathryn H. Shields , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Senior Judge DAVIS joined.

TRAXLER, Chief Judge:

Sean P. Smith appeals a district court order granting summary judgment against him in his § 1983 action alleging that he was fired for exercising his free-speech rights in violation of the United States and North Carolina Constitutions. Concluding that the district court erred in granting summary judgment, we reverse and remand for trial.

I.

Smith was employed as an assistant district...

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