United States Tenth Circuit

In a 42 U.S.C. section 1983 suit brought by former middle school drama teacher alleging, inter alia, that defendant-school district caused her loss in an election to the school district board, summary judgment for defendants is affirmed where: 1) plaintiff waived appellate review of any due process and First Amendment employment retaliation claims; 2) three cases cited in the context of her election loss were so factually distinguishable as to provide no support for a cause of action tied to her election loss; 3) the class-of-one theory of equal protection does not apply in the public employment context; and 4) even assuming she could have pleaded a valid cause of action, she failed to develop disputed material facts sufficient to survive summary judgment.

Appellate Information

• Decided 09/10/2008
• Published 09/11/2008

Judges

• TYMKOVICH, Circuit Judge., Before KELLY, TYMKOVICH, Circuit Judges, and FRIZZELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James A. Carleo, Pueblo, CO, for the Plaintiff-Appellant.


• For Appellees:
  
• Elliot J. Scott (Sonja S. McKenzie with him on the brief), Senter Goldfarb & Rice, L.L.C., Denver, CO, for the Defendants-Appellees.