Berry

Berry v. Dept of Social Services

Good Law
United States Court of Appeals for the Ninth CircuitMay 1, 200604-15566California7,604 words

Opinion

Opinion

Callahan COUNSEL, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL M. BERRY, 

Plaintiff-Appellant, No. 04-15566 v. DEPARTMENT OF SOCIAL SERVICES,  D.C. No.

CV-02-00942-LKK

Tehama County; BILL SNELSON,

OPINION

Director, Defendants-Appellees.  Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior Judge, Presiding

Argued and Submitted November 18, 2005—San Francisco, California

Filed May 1, 2006

Before: Jerome Farris, A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan COUNSEL

Anthony J. Poidmore, Roseville, California, and Brad Dacus and James Griffiths, Pacific Justice Institute, Sacramento, California, for the plaintiff-appellant.

J. Scott Smith and Laurence L. Angelo, Angelo, Kilday & Kilduff, Sacramento, California, for the defendants-appellees.

OPINION

CALLAHAN, Circuit Judge:

Daniel M. Berry filed this lawsuit alleging that his public employer, the Tehama County Department of Social Services (“Department”), was violating his rights under the First Amendment of the United States Constitution and Title…

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