No. 21-30658.

60 F.4th 281 (2023)

Randall KLING, Plaintiff-Appellant, v. Troy HEBERT; Ernest P. Legier, Jr., in his Official Capacity as the Commissioner of the Office of Alcohol and Tobacco Control of the Louisiana Department of Revenue, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 17, 2023.

Attorney(s) appearing for the Case

Joseph Arthur Smith, III, Esq. , Robert Moseley Schmidt , Smith Law Firm, Baton Rouge, LA, for Plaintiff-Appellant.

Renee G. Culotta, Esq. , Benjamin M. Castoriano, Esq. , Edward F. Kohnke, IV, Esq. , Frilot, L.L.C., New Orleans, LA, for Defendants-Appellees.

Before Stewart, Dennis, and Higginson, Circuit Judges.

After prevailing in state court on claims that he was fired in retaliation for exercising his state constitutional right to freedom of expression, Randall Kling filed a federal suit alleging the same set of facts but asserting for the first time a First Amendment claim. The...

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