Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cv-01101-RPM-MJW

Document 81

Filed 06/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.: 04 cv 01101 MJW HELEN TOMICICH Plaintiff, vs. PUEBLO CITY-COUNTY LIBRARY DISTRICT, JERRY KING; RICHARD LEE; JANET COX; JANE CARLSON; ANTHONY ORTEGON. Defendants.

SECOND NOTICE OF SUPPLEMENTAL AUTHORITY

The Defendants above-named, through their attorneys, Wood, Ris & Hames, P.C., submit the following second Notice of Supplemental Authority in support of their Motion for Summary Judgment, and state as follows: 1. The Defendant Richard Lee seeks summary judgment on the Plaintiff's Eleventh

Claim for Relief brought pursuant to 42 U.S.C. §1983, asserting a violation of her First Amendment rights. These issues have been fully briefed. 2. On May 30, 2006, the United States Supreme Court issued its decision in Garcetti

v. Ceballos, 126 S.Ct. 1951 (2006), holding that "when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does insulate their communications from employer discipline." Garcetti 2006 U.S. LEXIS 4341, *21.

Case 1:04-cv-01101-RPM-MJW

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Filed 06/28/2006

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3.

As set forth at p. 21 of the Defendants' Reply Brief in Support of Motion for

Summary Judgment, the speech Plaintiff claims was protected was made as part of her official duties, and all Defendants submit the Supreme Court's decision in Garcetti as supplemental authority in support of their Motion for Summary Judgment. Dated this 28th day of June, 2006. WOOD, RIS & HAMES, P.C. s/ William A. Rogers, III ______________________________________ William A. Rogers, III 1775 Sherman Street, Suite 1600 Denver, CO 80203 Telephone: (303) 863-7700 Facsimile: (303) 830-8772 [email protected] Attorney for Defendants Pueblo City-County Library District Jerry King Richard Lee Janet Cox Jane Carlson Anthony Ortegon

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Case 1:04-cv-01101-RPM-MJW

Document 81

Filed 06/28/2006

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CERTIFICATE OF SERVICE I hereby certify that on June 28, 2006, I electronically filed the foregoing with the Clerk of Court using the CMECF system which will send notification of such filing to the following email address: [email protected] Kirk P. Brown, Esq. [email protected] Lee Sternal s/ ____________________________________ William A. Rogers, III Attorney for Defendant Pueblo City-County Library District Jerry King Richard Lee Janet Cox Jane Carlson Anthony Ortegon 1775 Sherman Street Suite 1600 Denver, CO 80203 (303) 863-7700 (303) 830-8772 [email protected]

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