ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Holding: The court held that summary judgment was not permissible in this case on the
First Amendment claims but it was on the Fourteenth Amendment claim. Moreover, the board
was not entitled to qualified immunity on the First Amendment charges.
Reasoning: The court determined that the summary judgment ruling was reviewable
under 28 U.S.C. § 1291 (1988) or the collateral order doctrine. This statute vested the federal
courts of appeal with jurisdiction over all decisions of United States district courts. Likewise, the
court found that the district court’s denial of qualified immunity was also reviewable. It was
clear to the court that there was no way to suggest that the board’s decision to not renew
Carrillo’s contract was not based on her March 19 speech as the board-issued reasons cited the
speech as a motivating factor in her non-renewal. However, the court now faced the necessity to
perform the Pickering balancing test. In their balancing, the court found that the board had not
provided anything beyond speculation to prove that Carrillo’s March 19 comments were so
caustic to impede the efficient performance of schools. Therefore, summary judgment was not
warranted on the First Amendment claim and a trial was required. Thus, the board was not
deemed liable for its actions but it was not immune from trial for those actions.
Disposition: The district court order denying summary judgment for the First
Amendment claim was affirmed but reversed on Carrillo’s due process claim.
Citation: Terry v. Woods, 803 F. Supp. 1519, (1992 U.S. Dist.).
Key Facts: In 1990, Terry, principal at Janes Elementary School, was suspended with pay
after teachers filed a grievance alleging that he was frequently absent from school and did not
conduct the mandatory number of fire drills required by state law. All of these issues were
brought to a head on May 26, 1990, when a teacher, Gall Winters, called 911 after smelling
smoke in her classroom. Upon the fire department’s arrival at the school, which Terry was not
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