ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Key Facts: The surrounding facts of this case are voluminous but those that are pertinent
are as follows. Everson was hired as a probationary principal in November 2000 to a 2-year term
by Dr. Beulah Mitchell, then superintendent of Highland Park Schools. Mitchell became mired in
controversy in Spring 2001 and was ultimately terminated by the board. During the board
meetings and hearings regarding Mitchell’s status, Everson was openly vocal speaking out on
behalf of Mitchell.
Roughly one month later, Everson was confronted by the maintenance supervisor, John
Powell, requesting that she sign her contract--Everson had been working without a written
contract--which she did and she was thereby notified by John White, interim superintendent, that
he was recommending her termination at the April 10, 2001, board meeting. The board voted to
terminate Everson’s position and she brought suit thereafter alleging violations of her First
Amendment rights as well as statutory violations of due process and breach of contract. The
district court granted summary judgment to the defendants on all parts. Everson appealed on
grounds of her breach of contract claim and her First Amendment rights.
Issues: (1) Did the board violate Everson’s contract? (2) Did the board’s actions abridge
Everson’s First Amendment rights to free speech?
Holding: The court held that the board did not breach Everson’s contract as she was a
probationary employee. However, the court also found the presentation of evidence and the
motivations of the board to be very sketchy and held that further proceedings were necessary to
properly rule on Everson’s First Amendment claim.
Reasoning: First, the contract that Everson signed just prior to her termination
specifically stated that she could be discharged without cause during her probationary period,
which constituted the first year of her contract. Citing M.C.L. § 380.1229 of Michigan law,
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