Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01453-JJF

Document 18

Filed 06/30/2005

Page 1 of 2

THE NEUBERGER FIRM
A TTORNEYS AND C OUNSELLORS AT L AW

TWO EAST SEVENTH STREET SUITE 302 WILMINGTON, DELAWARE 19801-3707
WWW.N EUBERGERL AW.COM EMAIL: I NFO@N EUBERGERL AW.COM

T HOMAS S . N EUBERGER, ESQUIRE S TEPHEN J . N EUBERGER, ESQUIRE
June 30, 2005 The Honorable Joseph J. Farnan, Jr. Lock Box 27 United State District Court District of Delaware 844 North King Street Wilmington, DE 19801 RE: Adkins v. Rumsfeld et al., C.A.No. 04-1453-JJF

PHONE: (302) 655-0582 FAX: (302) 655-9329 VIA CM/ECF

Dear Judge Farnan, I write to call to your attention to a recent public employee free speech retaliation case from the Third Circuit Court of Appeals that bears directly upon defendants' pending motion to dismiss. The case is McGreevy v. Stroup, -- F.3d --, 2005 WL 1515891 (3d Cir. June 28, 2005). In this reported opinion, a public employee spoke out about several issues, including "unlicensed pesticide spraying which caused many students and teachers to become ill." Id. at *1; see also id. at *2. The Third Circuit held that this health related speech about the poisoning of public employees and others was a "matter[ ] of true public concern." Id. at *4. This recent holding strongly reinforces the legal argument set forth at pages 18-19 of Plaintiff's Answering Brief. In other words, Sgt. Adkins' speech regarding the poisoning of himself and other Air Force personnel by the infliction upon them of an illegal and tainted anthrax vaccine is a matter of strong public concern.

Respectfully Submitted, /s/ Stephen J. Neuberger

Case 1:04-cv-01453-JJF

Document 18

Filed 06/30/2005

Page 2 of 2

The Honorable Joseph J. Farnan, Jr. June 30, 2005 Page 2 cc: Thomas S. Neuberger, Esq. (Via CM/ECF) John W. Whitehead, Esq. (Via E-Mail) Douglas McKusick, Esq. (Via E-Mail) Jeffrey Kahn, Esq. (Via CM/ECF) Clerk, U.S. District Court (Via CM/ECF) S.Sgt. Jason A. Adkins (Via U.S. Mail)

Adkins, Jason / letters / Farnan.01