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SPRAGUE v. FITZPATRICK

Civ. A. No. 75-231.

412 F.Supp. 910 (1976)

Richard A. SPRAGUE v. F. Emmett FITZPATRICK, Jr.

United States District Court, E. D. Pennsylvania, Civil Division.

January 9, 1976.

Attorney(s) appearing for the Case

Thomas B. Rutter, Philadelphia, Pa., for plaintiff.

James E. Beasley, Philadelphia, Pa., for defendant.

OPINION

DITTER, District Judge.

The principal question presented by this case is whether a district attorney's firing of his first assistant for publicly criticizing him presents a colorable claim under the Civil Rights Act of 1871, 42 U.S.C. § 1983. Two cases — one emanating from the United States Supreme Court and the other from the Court of Appeals for this Circuit — persuade me that it does not. The complaint accordingly will be dismissed...

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