ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

halted Bill’s speech at this point and moved into executive session (private) where it asked Lewis
if he wanted to continue his speech. He declined, and the meeting moved back into open session
where the board reprimanded Bill Lewis for his personal attack on the superintendent.
Just over a month later in June, Bill Lewis was notified that his contract was being
recommended for non-renewal. The non-renewal notification enumerated four reasons: (1)
Lewis’s professed lack of confidence in the superintendent, (2) Lewis’s professed decision to
choose whether or not he will support the decisions of the superintendent, (3) Lewis’s lack of
discretion in undermining the superintendent in a public forum, and (4) the board’s judgment that
a positive working relationship was not possible following this exchange. Bill Lewis requested
and was granted a hearing where the board voted unanimously to uphold its non-renewal.
Lewis filed suit under 42 U.S.C. § 1983 claiming a First Amendment violation. At trial,
the jury found that Lewis’ speech was not protected by the First Amendment because it was not
of public concern. However, the jury found that his termination was predicated upon his May 12
speech and awarded him over $25,000 in lost wages and $5,000 for violation of his First
Amendment rights. On appeal from the Harrison School District, the district court set aside the
damages awarded to Lewis. This appeal followed.
Issues: (1) Was Bill Lewis’s speech of a public concern? (2) If so, was the board’s need
for efficient operations greater than Bill Lewis’ right to free speech in this instance? (3) Was Bill
Lewis terminated for his May 12 speech? (4) Did the district court err in setting aside Lewis’
damages award? (5) Were the defendants (district, superintendent, and board) entitled to
qualified immunity?
Holding: The board’s need for efficient operations was not great enough to suppress
Lewis’s right to speech. Moreover, Lewis’s speech was of a public concern and a motivating
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