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SHER v. U.S. DEPT. OF VETERANS AFFAIRS

No. 06-1537.

488 F.3d 489 (2007)

Alam SHER, Plaintiff, Appellant, v. U.S. DEPARTMENT OF VETERANS AFFAIRS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 29, 2007.

Attorney(s) appearing for the Case

Tracie L. Adamson, with whom Sumner H. Lipman, Keith R. Varner, and Lipman, Katz & McKee, P.A. were on brief, for appellant.

Halsey B. Frank, Assistant U.S. Attorney, with whom Paula D. Silsby, U.S. Attorney, was on brief, for appellee.

Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LIPEZ, Circuit Judge.

This case requires us to examine the implications of the immunity that a government employee receives under Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967), when threatened with an adverse employment action for refusing to answer questions in an administrative investigation by his employer. Statements made in response to such a threat, and the fruits of such statements, may not be...

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