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USCA1 Opinion 03-2718 (7884 words) |
 | Baron must establish two elements of his claim: First, that his acts or speech were protected by the free speech clause of the First Amendment; and second, that those acts of speech were a substantial or motivating factor in his constructive discharge. |
| Baron must prove that he was harassed during the course of his employment by coworkers; two, that one substantial reason for the harassment was because he reported another officer's conduct. |
| Baron testified that he called his superiors to the monitor on which Curtis could be seen playing cards; that call, which was indisputably speech, effectively reported Curtis's infraction in violation of the code of silence. |
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