ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

traffic stops with females. Flores had also served as a teacher in the Hamilton Elementary School
District and the Chico State University Student Teacher Program filed complaints with the
Hamilton School District for Flores’s behaviors toward female student teachers. Von Kleist and
Boylan met with Flores where he denied none of the current charges or any of the prior incidents,
but he did request to be placed in a teaching position. The date of this meeting was disputed by
both sides. Von Kleist asserted that this meeting was a “pre-termination” meeting. However, on
February 22, 2008, the district terminated Flores’s contract but did pay him the remainder due
for the term of the contract in monthly installments; the district did not reemploy Flores as a
teacher.
Von Kleist explained that Flores was terminated for insubordination and a history of
harassment toward women in work capacities. Following his termination, Flores submitted two
requests to the district. First, he requested a board hearing where could attempt to clear his name
and refute the charges of sexual harassment levied at him. Second, he requested to be placed in a
teaching position due to his tenured status. The board entertained neither of Flores requests
because of the “pre-termination” meeting on the disputed date and Boylan’s determination that
Flores had not served as a teacher long enough--2 years--to earn tenure.
Flores brought suit alleging three claims under 42 U.S.C. § 1983 that Von Kleist and the
school board had violated his First Amendment rights as well as denied him property and liberty
interests guaranteed by his Fifth and Fourteenth Amendment rights. Flores also levied a 42
U.S.C. § 1981 claim averring that he was terminated because he was Hispanic. Flores also issued
the following violation claims: California Military & Veterans Code, defamation, false light, and
injunctive relief. The defendants requested summary judgment on all charges and qualified
immunity on all applicable charges.
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