United States Sixth Circuit
Fox v. Traverse City Area Pub. Sch. Bd. of Educ., 09-1688
In a former special-education teacher's First Amendment retaliation suit under 42 U.S.C. section 1983, district court's grant of summary judgment in favor of the defendants is affirmed as the district court correctly determined that, under Garcetti, when the plaintiff complained to her supervisor about the number of students assigned to her supervision, she spoke as a public employee rather than a private citizen, and as such, her statements were not entitled to protection under the First Amendment.
Appellate Information
- Argued 03/09/2010
- Decided 05/17/2010
- Published 05/17/2010
Judges
- Before DAUGHTREY, GILMAN, and KETHLEDGE, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED:Carl J. Marlinga, Marlinga Law Group, PLLC, Clinton Township, Michigan, for Appellant. William Vogelzang, Jr., Kluczynski, Girtz & Vogelzang, Grand Rapids, Michigan, for Appellee. ON BRIEF:Carl J. Marlinga, Marlinga Law Group, PLLC, Clinton Township, Michigan, for Appellant. William Vogelzang, Jr., Mark T. Ostrowski, Kluczynski, Girtz & Vogelzang, Grand Rapids, Michigan, for Appellee.