Andrew J. Signore v. City of Montgomery

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 05-10982
Non-Argument Calendar FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
June 23, 2005
D. C. Docket No. 03-00931-CV-A-N
THOMAS K. KAHN
CLERK
ANDREW J. SIGNORE,
Plaintiff-Appellant,
versus
CITY OF MONTGOMERY, ALABAMA,
a municipal governmental entity,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
_________________________
(June 23, 2005)
Before HULL, WILSON, and COX, Circuit Judges.
PER CURIAM:
1
Plaintiff, Andrew J. Signore, appeals the judgment of the district court on the
ground that the district court erred in granting the Defendant City of Montgomery’s
motion for summary judgment. We agree with the district court that even if Signore
was speaking on a matter of public concern, his First Amendment interests were
outweighed by the City’s interests in promoting the efficiency of the public services
it performs. Pickering v. Bd. of Educ., 391 U.S. 563, 568, 88 S. Ct. 1731, 1734-35
(1968); Watkins v. Bowden, 105 F.3d 1344, 1352-53 (11th Cir. 1997). We further
agree with the district court that Signore did not properly raise any overbreadth
challenge to the Montgomery Police Department regulations pursuant to which he
was disciplined. The judgment of the district court is, therefore,
AFFIRMED.
2