Harless v. TX Parks & Wildlife

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-50252 NORBERT HARLESS; BILLY OLIVER; ROBBY BROWN; HOWARD PRESLEY, Plaintiffs-Appellants, versus TEXAS PARKS & WILDLIFE DEPARTMENT; ANDREW SANSOM, in his individual and official capacity as Executive Director; WILLIAM E. VON ROSENBERG, in his individual and official capacity as Chief Inspector and Chief of CDM Branch; AL FRITCHER, in his individual and official capacity as Head of Field Supervision; RON HOLLIDAY, in his individual and official capacity as Division director of Public Lands; JAYNA BURGDORF, in her individual and official capacity as Director of Finance; JIM DICKENSON, in his individual and official capacity as Deputy Executive Director, LANDY JOHNSTON, in his individual and official capacity as Director of Personnel, Defendants-Appellees. Appeal from the United States District Court For the Western District of Texas (A-97-CV-487-JN) March 2, 2000 Before HIGGINBOTHAM, and PARKER, Circuit Judges, and WARD,* District Judge. * District Judge of the Eastern District of Texas, sitting by designation. PER CURIAM:** We affirm for essentially the reasons stated by the district court, except we are unpersuaded that any speech was about a matter of public concern. Rather, under all the facts and circumstances, this was a workplace dispute. AFFIRMED. AFFIRMED. See Local Rule 47.6. ** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 2