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PAWLISCH v. BARRY

No. 84-612.

126 Wis.2d 162 (1985)

376 N.W.2d 368

James T. PAWLISCH, Plaintiff-Appellant, v. Jonathan B. BARRY, in his capacity as County Executive for Dane County, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 3, 1985.

Attorney(s) appearing for the Case

For the appellant there were briefs by Scott Teplinsky, Carroll Metzner and Bell, Metzner & Gierhart, S.C., of Madison.

For the respondent there was a brief by Glenn L. Henry, Dane County corporation counsel, and Judith H. Toole, assistant corporation counsel.

Before Dean and LaRocque, JJ., and Bruce F. Beilfuss, Reserve Judge.

LAROCQUE, J.

James Pawlisch appeals a judgment dismissing his complaint for reinstatement to the Dane County Board of Health. He alleges that his removal by Jonathan Barry, the Dane County executive, violates his first amendment rights to free speech. Because we find that Pawlisch's first amendment rights were properly limited, we affirm the judgment.

Barry brought a motion to dismiss for failure to state a claim. The trial court originally treated this motion...

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