United States Tenth Circuit

In a First Amendment and Rehabilitation Act action based on defendant public school system's reduction of plaintiff to a standard contract to work with special education students because her caseload did not support an extended contract, summary judgment for defendant is reversed where: 1) it was apparent from the undisputed facts that plaintiff engaged in protected activity for the purposes of section 504 of the Rehabilitation Act through at least the date she filed her state court complaint; 2) there was an issue of material fact as to whether defendant deliberately maintained inaccurate caseload lists that artificially reduced plaintiff's workload to reduce her salary; and 3) plaintiff felt that she had a duty to report the denial of services to special education students as part of her professional obligations, and the district court found this to be conclusive that plaintiff was speaking as an employee and not as a private citizen.

Appellate Information

• Decided 02/16/2010
• Published 02/16/2010

Judges

• KELLY, Circuit Judge., Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gail Stewart (and Laurel Nesbitt of Steven Granberg, Attorney at Law, on the briefs), Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Alex Walker of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Defendants-Appellees.