DAVID DAVIGNON, DAVID GOUVEIA, DAVID MILLER, EDWARD MORIS, JR., and THOMAS PRESBY, Plaintiffs, Appellees, v. THOMAS M. HODGSON, Individually and as Bristol County Sheriff, Defendant, Appellant.
No. 06-1191
United States Court of Appeals For the First Circuit
The opinion of this Court issued on April 24, 2008 is amended as follows:
Page 14, lines 11-12: the citation to Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 281-282 (1977) is deleted.
Page 28, line 11: the following sentence is inserted as part of the quoted language, following “decision.“: “Of course, the employer must have the opportunity to prove that it would have made the same decision regardless of the protected expression.”
Page 28, line 15: “thus” is inserted between “is” and “ordinarily“.
Page 29, line 8: The citation to Id. is amended to read ”Curran, 509 F.3d at 45; O‘Connor, 994 F.2d at 913.”