Legal Opinion

Fikes v. City of Daphne

Court of Appeals for the Eleventh Circuit

Decided April 9, 1996No. 94-7216PublishedCited by 261 opinions

1Opinion of the Court

TJOFLAT, Chief Judge:

This appeal presents the question of whether the district court erred in dismissing, for failure to state a claim, a police officer’s complaint alleging that he was discharged from his employment for exercising his freedom of speech. We find that the complaint does state a claim. We therefore VACATE the court’s judgment and REMAND the case for further proceedings.

I

On October 19, 1989, appellant went to work for the City of Daphne, Alabama, as an officer in its police department. On July 15, 1992, following a pretermination hearing, the City discharged appellant for “good…

2Cases cited7 opinions

  1. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  2. Rankin v. McPhersonSupreme Court of the United States · 1987
  3. Ronald O. Pelletier v. Gary D. Zweifel, Ronald O. Pelletier v. Gary D. ZweifelCourt of Appeals for the Eleventh Circuit · 1991
  4. Lassiter v. Alabama A & M UniversityCourt of Appeals for the Eleventh Circuit · 1994
  5. J.R. Bryson, Cross-Appellee v. City of Waycross, C.B. Heys, W. Lynn Taylor, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by261 opinions

  1. Davis v. Coca-Cola Bottling Co. ConsolidatedCourt of Appeals for the Eleventh Circuit · 2008
  2. Benny Barmapov v. Guy AmuialCourt of Appeals for the Eleventh Circuit · 2021
  3. Johnson Enterprises of Jacksonville, Inc. v. FPL Group, Inc.Court of Appeals for the Eleventh Circuit · 1998
  4. Jerry M. Stanley v. City of Dalton, GeorgiaCourt of Appeals for the Eleventh Circuit · 2000
  5. Angie Chesser, A.K.A. Angie Kimball v. Amos Sparks, Individually and in His Official Capacity as Haralson County CommissionerCourt of Appeals for the Eleventh Circuit · 2000

256 more not listed; retrieve them via the Exa API.

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