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Fritz v. Charter Township of Comstock, No. 08-2578

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By FindLaw Staff on January 28, 2010 3:29 PM

In plaintiff's retaliation claim under 42 U.S.C. section 1983 against a town and one of its supervisors, partial grant of defendant's motion for summary judgment regarding the First Amendment retaliation claim is reversed and remanded where plaintiff's factual allegations were sufficient to raise more than a mere possibility of unlawful First Amendment retaliation on the part of the defendants, and thus, the district court erred in granting the motion to dismiss on the pleadings as to that part of the complaint. 

Read Fritz v. Charter Township of Comstock, No. 08-2578

Appellate Information

Argued: October 9, 2009

Decided and Filed: January 28, 2010

Judges

Opinion by Circuit Judge  Clay

Counsel

For Appellant:  William Frank Piper, William F. Piper PLC

For Appellee:   James R. Nelson, Scholten Fant PC

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