This section contains the nature of the case and procedural background.

This was a suit against D by P, a former employee of a public university, contending that Ds effected his termination in retaliation for his exercise of his First Amendment right of free speech. The district judge denied summary judgment on the ground that P had established a prima facie case of retaliation. He then certified this denial for an immediate appeal under section 1292(b). He recited the statutory standard but did not explain how its criteria were satisfied.

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