[DOWNLOAD] "Bush v. Lucas" by Fifth Circuit. Unit B United States Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Bush v. Lucas
• Author : Fifth Circuit. Unit B United States Court of Appeals
• Release Date : January 12, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

This case is on remand from the Supreme Court for further consideration in light of Carlson v. Green, 446 U.S. 14, 100 S. Ct. 1468, 64 L. Ed. 2d 15 (1980). In our prior opinion we held, first, that plaintiff's defamation claim against the director of the Marshall Space Flight Center was precluded by Barr v. Matteo, 360 U.S. 564, 79 S. Ct. 1335, 3 L. Ed. 2d 1434 (1959), and second, that plaintiff had no cause of action for damages under the First Amendment for retaliatory demotion in view of the available remedies under the Civil Service Commission regulations. Bush v. Lucas, 598 F.2d 958 (5th Cir. 1979), vacated and remanded, 446 U.S. 914, 100 S. Ct. 1846, 64 L. Ed. 2d 268 (1980). After due consideration of supplemental briefs filed by the parties, we conclude that Carlson does not dictate a contrary result. Summary judgment for defendant is therefore reaffirmed. We note at the outset that our reconsideration of this case proceeds on the assumption that the Supreme Court's one-sentence order vacating and remanding Bush should not be read as implying that Carlson necessarily mandates reversal. It is our understanding in this type of remand that the Court has merely ""flagged"" this case as one upon which the intervening decision may have some bearing, but which the Court has not conclusively determined to be materially affected thereby.

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