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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Table 54<br />

First Amendment Violations with Litigative Claim<br />

Case Year State Action PP Litigative Claim<br />

Dalton City Bd.<br />

of Educ. v.<br />

Smith<br />

Lewis v.<br />

Harrison School<br />

Dist. No. 1<br />

Hatcher v. Bd.<br />

of Pub. Educ.<br />

Ratliff v.<br />

Wellington<br />

Exempted<br />

Village Schools<br />

Bd. of Educ.<br />

Carrillo v.<br />

Rostro<br />

Peterson v.<br />

Minidoka Co.<br />

School Dist.<br />

Bradshaw v.<br />

Pittsburg Ind.<br />

School Dist.<br />

Black v.<br />

Columbus Pub.<br />

Schools<br />

1986 GA NR S Smith argued that his non-renewal was carried out<br />

due to protected political activities and the action<br />

was a matter of local controversy and a First<br />

Amendment violation.<br />

1986 AR NR E Lewis claimed that the district violated his First<br />

Amendment rights by not renewing his contract for a<br />

speech at a board meeting.<br />

1987 GA R SPLIT Hatcher was reassigned to a librarian position due to<br />

a reduction in force and district realignment. Hatcher<br />

argued that her First Amendment rights were violated<br />

because she was denied vacant administrative jobs<br />

for attending rallies to keep her school open.<br />

1987 OH NR SPLIT Ratliff alleged that his non-renewal was a retaliation<br />

for his comments about the school board and thus a<br />

First Amendment violation.<br />

1992 NM NR SPLIT Carrillo claimed that her contract was non-renewed<br />

because of her interpersonal demeanor during a<br />

speech she made at a board meeting which violated<br />

her First Amendment rights.<br />

1997 ID T SPLIT Peterson was reassigned to a teaching position and<br />

eventually terminated for undermining the public’s<br />

confidence in his school based on his decision to<br />

home school his twelve children for religious<br />

purposes. Peterson argued that this action violated,<br />

among other things, his freedom of religion, free<br />

speech, and due process safeguards.<br />

2000 PA R S Bradshaw alleged that her reassignment was a<br />

retaliatory move and a First Amendment violation<br />

because she responded to notice of her pending<br />

reassignment with letters to the board,<br />

superintendent, and local media claiming that the<br />

school system had failed to support her during<br />

allegations about the mismanagement and misuse of<br />

funds at her school.<br />

2000 OH R SPLIT Black argued that she was racially discriminated<br />

against and that her reassignment violated her First,<br />

Fifth, and Fourteenth Amendments and was<br />

retaliation for her EEOC claim where she reported<br />

her supervisor’s (principal) assumed extra-marital<br />

affair where sexual activity was occurring on school<br />

grounds during school hours.<br />

(table continues)<br />

383

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