Sidney Silverman, Jr. v. Town of Blackstone, Virginia, No. 12-1278 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1278 SIDNEY RONALD SILVERMAN, JR., Plaintiff - Appellant, v. TOWN OF BLACKSTONE, VIRGINIA, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., District Judge. (3:11-cv-00155-JAG) Submitted: August 9, 2012 Decided: August 23, 2012 Before DUNCAN and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Archibald Wallace, III, Thomas J. Moran, WALLACEPLEDGER, PLLC, Richmond, Virginia, for Appellant. David P. Corrigan, Jeremy D. Capps, HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sidney Silverman, Jr. (Silverman) appeals the district court s Rule 12(b)(6) dismissal of his claim alleging the Town of Blackstone, Virginia, terminated his employment as the town s Superintendent of Water Utilities because he exercised his right to free speech as guaranteed United States Constitution. by the First Amendment to the See Fed. R. Civ. P. 12(b)(6) (party may assert by motion failure to state a claim upon which relief can be granted pleading). as a defense to a claim for relief in any Having carefully reviewed the briefs, the record, and the relevant law, we affirm on the reasoning of the district court, as stated in its February 3, 2012 memorandum opinion. Silverman v. Town of Blackstone, 843 F. Supp. 2d 628 (E.D.Va. 2012). We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED - 2 -
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