Firefighter Case Continues Against Small Tenn. City

Law360, New York (September 11, 2008, 12:00 AM EDT) -- A federal judge has refused to dismiss a case brought by five firefighters in Lexington, Tenn., who allege they were demoted for supporting an unsuccessful mayoral candidate.

In an order handed down Tuesday, Judge J. Daniel Breen of the U.S. District Court for the Western District of Tennessee said supporting local candidates unquestionably constitutes protected conduct under the First Amendment, and that the timing of the demotions could be considered circumstantial evidence that they were motivated by the political process.

“Considering all factual allegations of the...
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