Harris v. Victoria Independent School District
Opinion of the Court
The Petition for Rehearing is DENIED and no member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, (FED. R. APP. P. AND 5TH CIR. R. 35) the Petitions for Rehearing En Banc are also DENIED.
We reiterate that a reasonable school official involved in the factual scenario of this case would know it is unconstitutional to request specific information from teachers who are obligated to respond, and then retaliate against them when they provide unflattering information. We carefully considered the content, form and context of the Plaintiffs’ speech and held the Plaintiffs’ speech is constitutionally protected because it was in response to Superinten
Additionally, we note that while our statement in Noyola v. Texas Dep’t of Human Resources, 846 F.2d 1021, 1026 (5th Cir. 1988) still reflects the law of this circuit, it is distinguishable from the instant case.
. One consequence of case-by-case balancing is its implication for qualified immunity of public officials whose actions are alleged to have violated am employee’s first amendment rights. There will rarely be basis for a priori judgment that the termination or discipline of a public employee violated "clearly established” constitutional rights.
Noyola, 846 F.2d at 1025. (emphasis added).
Reference
- Full Case Name
- Dwight HARRIS Gene Martin v. VICTORIA INDEPENDENT SCHOOL DISTRICT Paul Kornfuehrer, in his official and individual capacities Clay Cain, in his official and independent capacities Ivan Green, in his official and independent capacities Randy Pollard, in his official and independent capacities Margaret Eastley, in her official capacity only Reuban Murray, in his official capacity only Theresa Guitierrez, in her official capacity only Robert P. Brezina, in his official and individual capacities
- Cited By
- 1 case
- Status
- Published