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SHOOTER v. ARIZONA

No. 19-16248.

4 F.4th 955 (2021)

Donald SHOOTER, Plaintiff-Appellant, v. State of ARIZONA; Kirk Adams, Husband; Janae Adams, Wife; Javan Mesnard, Named as Javan "J.D." Mesnard, Husband; Holly Mesnard, Wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2021.

Attorney(s) appearing for the Case

Philip A. Byler (argued), Andrew T. Miltenberg , and Stuart Bernstein , Nesenoff & Miltenberg LLP, New York, New York; Thomas C. Horne , Horne Slaton PLLC, Scottsdale, Arizona; for Plaintiff-Appellant.

Betsy J. Lamm (argued), Ronald Jay Cohen , and Daniel P. Quigley , Cohen Dowd Quigley P.C., Phoenix, Arizona, for Defendants-Appellees Kirk and Janae Adams.

Stephen W. Tully (argued) and Bradley L. Dunn , Hinshaw & Culbertson LLP, Phoenix, Arizona, for Defendants-Appellees Javan "J.D." and Holly Mesnard.

Jeremy Horn (argued), Assistant Attorney General; Michael Tryon , Senior Litigation Counsel; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; Defendant-Appellee State of Arizona.

Before: Marsha S. Berzon, Daniel P. Collins, and Lawrence J. VanDyke, Circuit Judges.

OPINION

In early 2018, Appellant Donald Shooter was expelled from the Arizona House of Representatives by a 56-3 vote after a legislative investigation into sexual harassment allegations concluded that he had created a hostile work environment. About a year later, Shooter filed this suit in Arizona state court,...

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