Legal Opinion

H.G. Erwin v. Everett E. Price and the Mayor and Council of the City of Athens, Georgia

Court of Appeals for the Eleventh Circuit

Decided December 16, 1985No. 85-8064PublishedCited by 29 opinions

1Opinion of the Court

VANCE, Circuit Judge:

Former Athens, Georgia police officer H.G. Erwin appeals a decision of the district court for the middle district of Georgia upholding his termination for refusing to answer questions concerning an off-duty gun-pointing incident. Because a public employee who is not required to waive his fifth amendment privilege against self-incrimination may properly be disciplined for refusing to answer questions narrowly and specifically related to official duty, we affirm.

I

While off duty on a Saturday afternoon Officer Erwin, after several drinks, got into an altercation at a package…

2Cases cited7 opinions

  1. Kastigar v. United StatesSupreme Court of the United States · 1972
  2. Garrity v. New JerseySupreme Court of the United States · 1967
  3. Lefkowitz v. TurleySupreme Court of the United States · 1973
  4. Maness v. MeyersSupreme Court of the United States · 1975
  5. Gardner v. BroderickSupreme Court of the United States · 1968

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3Cited by29 opinions

  1. United States v. VealCourt of Appeals for the Eleventh Circuit · 1998
  2. Thomas F. Worthy v. The City of Phenix City, AlabamaCourt of Appeals for the Eleventh Circuit · 2019
  3. D'ACQUISTO v. WashingtonDistrict Court, N.D. Illinois · 1986
  4. United States v. WhiteCourt of Appeals for the Eleventh Circuit · 1988
  5. Jones v. Franklin County SheriffOhio Supreme Court · 1990

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

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