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SCHLIMGEN v. CITY OF RAPID CITY

No. CIV. 98-5100-KES.

83 F.Supp.2d 1061 (2000)

Robert SCHLIMGEN, Plaintiff, v. CITY OF RAPID CITY, and Edward McLaughlin, individually and in his official capacity as Mayor of the City of Rapid City, Defendants.

United States District Court, D. South Dakota, Western Division.

February 4, 2000.

Attorney(s) appearing for the Case

Michael P. Reynolds, Michael Loos, Quinn, Day & Barker, Rapid City, SD, for Plaintiff.

Donald P. Knudsen, James S. Nelson, Gunderson, Palmer, Goodsell & Nelson, Curtis D. Ireland, Rapid City, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

SCHREIER, District Judge.

[¶ 1] Plaintiff Schlimgen filed a complaint against the City of Rapid City and its former mayor, Edward McLaughlin, claiming that he had been terminated from his job in violation of 42 U.S.C. § 1983 because he exercised his First Amendment right to freedom of speech and that he was wrongfully discharged in violation of state law. Rapid City moves for summary judgment claiming that: (1) Schlimgen...

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