City of San Diego v. Roe

543 U.S. 77 (2004)

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City of San Diego v. Roe

United States Supreme Court
543 U.S. 77 (2004)

Facts

San Diego police officer John Roe (plaintiff) sold explicit videos on eBay of himself stripping off a police uniform and masturbating. Roe also sold police equipment, including official uniforms of the San Diego Police Department (SDPD). Roe’s eBay profile clearly identified him as employed in law enforcement. Roe’s supervisor discovered Roe’s eBay activities, and Roe was terminated after an internal investigation. Roe sued the City of San Diego (the city) (defendant) pursuant to 42 U.S.C. § 1983, arguing that his termination violated the First Amendment of the U.S. Constitution. The district court dismissed the complaint, and the court of appeals reversed. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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