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7th Circuit: No First Amendment rights violation

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The 7th Circuit Court of Appeals upheld summary judgment in favor of a northern Indiana school board regarding prior restraint and First Amendment retaliation claims made by a teacher.

In Gregory G. Samuelson v. LaPorte Community School Board, et al., No. 06-4351, Gregory Samuelson filed an action under 42 U.S.C. Section 1983 against his employer LaPorte Community School Corporation (LSC), alleging violations of the First and 14th Amendments, and the Indiana Constitution, following his removal by the school board as coach of the girls' varsity basketball team.

Samuelson claimed his contract as coach was not renewed because he publicly expressed his views about issues relating to the school without following the school's bylaws for chain-of-command policy.

Both parties filed for summary judgment on the claims; Samuelson's response abandoned his 14th Amendment and Indiana Constitution violation claims. The U.S. District Court, Northern District of Indiana, South Bend Division, granted summary judgment in favor of the school corporation.

The 7th Circuit affirmed the ruling, finding Samuelson's First Amendment rights were not violated because the school corporation's chain-of-command policy doesn't constitute prior restraint because it doesn't restrict speech protected by the First Amendment. The speech addressed in the policy is speech grounded in the public employee's professional duties and is not protected, wrote Chief Judge Frank Easterbrook.

Samuelson couldn't present concrete evidence to show his contract as basketball coach wasn't renewed as a result of his circumventing the chain-of-command policy on various school-related issues, so summary judgment on his claim in favor of LSC was correct, wrote Chief Judge Easterbrook.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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