United States Sixth Circuit

In a civil rights and state law action brought against a county Board of Education and some of its individual members involving alleged retaliation against plaintiff in a failure to select him as Director of Schools, summary judgment for defendants is affirmed in part, but reversed in part where: 1) plaintiff demonstrated the existence of a genuine issue of material fact that his protected conduct caused the Board not to choose him for the position; 2) he offered sufficient evidence to create a genuine issue of material fact as to whether certain defendants were motivated by animus against homosexuals; 3) applying the "but for" analysis adopted in this matter, plaintiff submitted enough evidence to hold the board liable; and 4) the board members were not entitled to qualified immunity.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• Before: SILER and CLAY, Circuit Judges;  CARR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Peter Alliman, White, Carson & Alliman, Madisonville, Tennessee, for Appellant.  John C. Duffy, Knoxville, Tennessee, for Appellees.   ON BRIEF:  Peter Alliman, White, Carson & Alliman, Madisonville, Tennessee, Benjamin S. Pressnell, Pressnell & Harrell, Tazewell, Tennessee, for Appellant.  John C. Duffy, Knoxville, Tennessee, for Appellees.