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eBook details

• Title: Robb v. City of Philadelphia and Mann
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 07, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In this appeal by plaintiff-appellant James Robb from a dismissal of his complaint under Rule 12(b)(6), F.R.Civ.P., for failure to state a claim upon which relief could be granted, we must decide whether his complaint made out a sufficient claim for relief under 42 U.S.C. ? 1983. The complaint charges a conspiracy among private individuals, public officials, and the City of Philadelphia to transfer Robb from one civil service position to another and deny him a promotion in retaliation for his refusal to settle a private lawsuit, his union activity, and statements he made to the press. It avers that these actions deprived him of (1) property and liberty without due process of law in violation of the fourteenth amendment and (2) freedom of speech and association in violation of the first amendment. It also avers that defendants actions violated state law. We hold that although Robb failed to demonstrate a property or liberty interest that could form the basis of a fourteenth amendment due process claim cognizable under ? 1983, he did make out a sufficient claim for relief under ? 1983 based on the first amendment. Accordingly, we affirm the judgment of the district court in part, reverse in part, and remand for consideration of Robbs first amendment claims and his pendent state law claims.

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