Legal Opinion

Communication Workers of America v. Ector County Hospital District

Court of Appeals for the Fifth Circuit

Decided December 1, 2004No. 03-50230PublishedCited by 2 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Appellee Urbano Herrera, a carpenter employed by the Ector County Hospital District (the “Hospital”), was disciplined by the Hospital after he wore a “Union Yes” lapel button in violation of the Hospital’s dress code. Herrera brought suit under § 1983, claiming that the anti-adornment provision of the dress code policy violated his First Amendment rights. The district court granted a motion for judgment as a matter of law (“JMOL”) filed jointly by intervening plaintiff Communication Workers of America (“CWA”, or the “Union”) and Herrera (collectively, “Plaintiffs”),…

2Cases cited30 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  4. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
  5. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986

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3Cited by2 opinions

  1. Communications Workers of America v. Ector County Hospital DistrictCourt of Appeals for the Fifth Circuit · 2006
  2. Communication Workers of America v. Ector County Hospital DistrictCourt of Appeals for the Fifth Circuit · 2004

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