ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Simpson claimed that he did not learn of the fire until he saw a news program on television
following his return from Kentucky. The court agreed with the district that Simpson’s ignorance
of the event did not eliminate his responsibility. Simpson also claimed that he did not know
about the pellet/bb gun incident. This claim was shown to not be true as Simpson’s earlier
testimony included his own admission that he tried to contact the district superintendent on
February 24 but failed to do so. Bailey had no record of an attempt by Simpson despite his
contradictory contestations. Finally, the fight, which Simpson broke up, was not reported as was
required by board policy. Simpson’s personal leave did not relieve him of his duty to report these
incidents in accordance with Mississippi Code Annotate § 37-11-29(1) and local board policies.
As to Simpson’s due process claims, the court found them to be meritless. He was
provided an opportunity to speak with the superintendent about the events of February 24. Upon
termination, he was notified of the procedures to contest a termination for cause decision and all
proper procedural steps were carried out.
App.).
Disposition: The judgment was affirmed.
Citation: Castillo v. Hobbs Municipal School Board, 315 Fed. Appx. 693, (2009 U.S.
Key Facts: David Castillo had served as an assistant principal in the Hobbs Municipal
School district for several years prior to this suit. In early March 2004, Castillo’s wife, who had
installed a recording device on their home phone due to prank and threatening calls, according to
Ms. Castillo, recorded a sexually explicit phone conversation between her husband and his
secretary, Lori Herrera. Mrs. Castillo turned over copies of the phone recording to Stan Rounds,
superintendent of schools. Rounds shared the recording with certain administrators including
Castillo’s immediate supervisor, Joe Calderon. Fearing possible sexual harassment claims, the
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