Hitchens v. County of Montgomery
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Chief Judge.
At issue is whether plaintiff’s 42 U.S.C. § 1983 First Amendment retaliation claim is barred by issue preclusion. We will reverse the grant of summary judgment for defendants and remand for further proceedings.
I
Hitchens was a correctional officer at Montgomery County Correctional Facility from 1993 until his termination on May 3, 2000. In 1999, Hitchens allegedly was one of several correctional officers involved in union organizing activities. Hitchens alleges that Warden Lawrence Roth and Deputy Warden Julio Algarin saw him distribute union…
2Cases cited30 opinions
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- Montana v. United StatesSupreme Court of the United States · 1979
- University of Tennessee v. ElliottSupreme Court of the United States · 1986
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