unempl.ins.rep. Cch 22,077 Harry T. Edmundson v. Borough of Kennett Square Robert F. Goddu Kenneth Roberts Herbert L. Waltz Albert J. McCarthy

OPINION OF THE COURT

WEIS, Circuit Judge.

In this employment discharge case brought under 42 U.S.C. § 1983, we decide that an unemployment compensation proceeding reviewed by a state court invokes claim preclusion so as to bar recovery against a municipality and its officials in their governmental capacities. However, issue preclusion may not be applied to another administrative agency’s unreviewed finding that plaintiffs public criticism of his superior officer was not protected by the First Amendment. Consequently, plaintiffs claim that he was discharged in retaliation for his exercise of…