United States Eighth Circuit

In a teacher's lawsuit alleging age discrimination under the Age Discrimination in Employment Act (ADEA), as well as First Amendment violations pursuant to 42 U.S.C. section 1983, summary judgment for employer is affirmed where: 1) plaintiff failed to show that the stated legitimate grounds for defendant's hiring decisions were a pretext for age discrimination; and 2) plaintiff could not establish that employer's decisions were made in violation of her First Amendment rights of free speech and association, as her statements did not involve a matter of public concern and there was no evidence that her relationship with her husband was a substantial and motivating factor in defendant's decision-making.

Appellate Information

• Decided 06/16/2008
• Published 06/16/2008

Judges

• BEAM, Circuit Judge., Before RILEY, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joy Shiffermiller, argued, Lincoln, NE, for appellant.


• For Appellees:
  
• Karen Ann Haase, argued, Adam J. Prohaska, on the brief, Lincoln, NE, for appellee.