Opinion

Greenberg v. Kmetko

  • 840 F.2d 467
  • 1988 WL 13275
Court
Court of Appeals for the Seventh Circuit
Filed
Mar 9, 1988
Status
Published
Author
Flaum
On the bench
Bauer, Coffey, Cudahy, Cummings, Easterbrook, Fairchild, Flaum, Kanne, Manion, Posner, Ripple, Wood
Cited by
34 cases
Authority
More cited than 19.7%

directing district court to give a Mt. Healthy instruction in a case in which the *929 defendants considered plaintiffs speech but denied that the speech was protected by the Constitution

How later courts described this case

  • directing district court to give a Mt. Healthy instruction in a case in which the *929 defendants considered plaintiffs speech but denied that the speech was protected by the Constitution
  • directing district court to give a Mt. Healthy instruction in a case in which the defendants considered plaintiff's speech but denied that the speech was protected by the Constitution
  • "[plaintiff's] statements might conceivably have come within the scope of public concern and the government's interest in promoting the efficiency of the public services it performed in this case may not have outweighed [plaintiff's] right to speak"
  • “[T]his inquiry is a question of law, ... and ... the determination should generally be made at the outset of a case to avoid unnecessary litigation.”

Written by the judges who cited it.

The opinion

FLAUM, Circuit Judge,

concurring in part and dissenting in part.

I concur in the result reached by the majority, save the question of damages. While I believe that Anderson v. Creighton, — U.S. -, 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) mandates a remand of this matter, I adopt Judge Cudahy’s view of the damages issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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