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CALLAGHAN v. CITY OF SOUTH PORTLAND

Docket No. Cum-12-229.

76 A.3d 348 (2013)

2013 ME 78

Karen CALLAGHAN et al. v. CITY OF SOUTH PORTLAND.

Supreme Judicial Court of Maine.

Decided: September 10, 2013.

Attorney(s) appearing for the Case

Sally J. Daggett, Esq. (orally), and Mark A. Bower, Esq., Jensen Baird Gardner & Henry, Portland, on the briefs, for appellant City of South Portland.

David A. Lourie, Esq. (orally), Portland, on the briefs, for appellees Karen Callaghan and Burton Edwards.

Zachary L. Heiden, Esq., American Civil Liberties Union of Maine Foundation, Portland, on the briefs, for amicus curiae American Civil Liberties Union of Maine Foundation.

Dissent: ALEXANDER, J.

MEAD, J.

[¶ 1] Karen Callaghan and Burton Edwards (the employees) are part-time employees of the City of South Portland. They filed a complaint in the Superior Court (Cumberland County) pursuant to 42 U.S.C.A. § 1983 (West, Westlaw through P.L. 113-22) seeking a declaration that certain provisions of the City's personnel policy violated their First Amendment rights, and further seeking permanent injunctive relief from the enforcement of those provisions...

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