Dr. Nolan L. Kinsey v. Salado Independent School District

916 F.2d 273, 1990 U.S. App. LEXIS 19258, 1990 WL 155477
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 2, 1990
Docket89-1717
StatusPublished
Cited by9 cases

This text of 916 F.2d 273 (Dr. Nolan L. Kinsey v. Salado Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dr. Nolan L. Kinsey v. Salado Independent School District, 916 F.2d 273, 1990 U.S. App. LEXIS 19258, 1990 WL 155477 (5th Cir. 1990).

Opinions

GOLDBERG, Circuit Judge:

Dr. Nolan L. Kinsey (“Kinsey”) was employed in Salado, Texas as Superintendent of Schools for the Salado Independent School District (“SISD”). Kinsey brought suit against the SISD, its Board of Trustees (the “Board”) (the SISD and the Board will be collectively referred to as the “School District”) and four members of the Board in their individual capacities to recover damages for violation of his constitutional right to freedom of speech and for violation of his right to due process of law under the Fourteenth Amendment to the United States Constitution. The district court granted the School District’s motion for summary judgment on the due process claim. In the case at bar, the jury held for Kinsey on his First Amendment claim, but the district court granted the School District’s Motion for Judgment Notwithstanding the Verdict, holding, as a matter of law, that Kinsey’s speech was not protected by the First Amendment. REVERSED.

FACTS AND PROCEEDINGS BELOW

The School District employed Kinsey as Superintendent of Schools from 1981 until the Board suspended him with full pay and benefits on September 10, 1988. Kinsey was employed under a written contract which was extended periodically. In January 1988, the Board of Trustees voted to extend Kinsey’s contract for a two-year term, to end June 1990. That following May of 1988, school board elections were held and three trustee positions on the ballot were contested. The political atmosphere in Salado at that time was highly partisan, with two groups vying for control of the Board of Trustees.

Prior to the May 1988 elections, Kinsey had become politically aligned with the then majority of the Board, which included Board president Don Berry. Kinsey openly supported Berry’s re-election, as well as the election of the two candidates who were essentially running on a “slate” with Berry (the “Berry Slate”). Prior to the election, Kinsey made many public statements concerning his views on the election, both in public meetings and in a local newspaper. Glen Hagler, an incumbent seeking election after appointment, Claude Hodge and Gary Bartlett ran against the Berry Slate of candidates. Candidates Hagler, Hodge and Bartlett subsequently defeated the Berry Slate. The newly elected Board members, together with incumbent Joe Barrentine, then formed a new majority on the Board.

[275]*275Shortly after the election, the Board began to meet frequently in executive session to discuss Kinsey’s contractual status with SISD. The Board was essentially split four members to three members in favor of terminating Kinsey’s services. After an unsuccessful attempt to buy-out Kinsey’s contract, the Board agreed to set aside the issue of Kinsey’s contract until it conducted a review of Kinsey’s performance in January 1989. In connection with this decision, the Board decided to issue certain directives or guidelines as to how the Board wanted Kinsey to conduct his job. Those directives were to form the basis for evaluating Kinsey’s performance when the Board reviewed Kinsey in January 1989. The record indicates that a dispute existed among the Board members regarding Kinsey’s compliance with these directives. The four-member majority generally felt Kinsey had rejected the spirit of the directives, while the remaining three members believed he had made every reasonable effort to comply with the directives. Following a meeting with the Texas Education Agency, during which the Agency administrator told the Board to work out their differences with Kinsey, the Board President scheduled a special meeting to discuss the “Termination and/or Suspension of Superintendent Contract.” The Board met in an executive session on September 10, 1988, and then publicly voted four to three to suspend Kinsey with pay.

• In his complaint, Kinsey alleged deprivation of his property and liberty interests without due process of law, in violation of the Fourteenth Amendment. Kinsey’s complaint further alleged that the new Board suspended him in retaliation for his public support of the Berry Slate during the Board elections. Following the School District’s answer and discovery by the parties, the School District filed a motion for summary judgment. The district court granted the School District’s motion on Kinsey’s due process claims. The case proceeded to trial on Kinsey’s First Amendment claims. The jury was properly instructed that they could find for Kinsey only if (1) he convinced them, by a preponderance of the evidence, that his statements during the School Board election were a substantial or motivating factor in the Board’s decision to suspend him, and (2) the School District failed to convince them, using the same standard, that they would have suspended Kinsey absent Kinsey’s statements during the election. The jury returned a verdict for Kinsey, awarding him $250,000 in damages.

Following the trial, the district court granted the School District’s Motion for Judgment Notwithstanding the Verdict, holding, as a matter of law, that Kinsey’s speech had not addressed matters of public concern. The district court also found that even if Kinsey’s speech did address matters of a public concern, the speech was still not entitled to constitutional protection because it was too disruptive to the efficient operation of his public employer to be afforded First Amendment protection. The Judgment Notwithstanding the Verdict did not attack the jury’s factual findings that the School Board was motivated by Kinsey’s participation in the election and that the Board would not have suspended Kinsey absent that conduct.

Kinsey appeals the adverse grant of the School District’s Motion for Judgment Notwithstanding the Verdict on two grounds. First, Kinsey contends that the district court erred in holding that as a matter of law Kinsey’s speech failed to address matters of public concern and was purely private in nature. Secondly, Kinsey claims that the district court erred in holding that, as a matter of law, Kinsey’s speech and political activity were too damaging to confidential relationships and disruptive of the efficient functioning of his governmental employer to be afforded First Amendment protection. We agree with both claims and reverse the district court’s grant of the Motion for Judgment Notwithstanding the Verdict.

DISCUSSION

I. Introduction

A public employer clearly cannot condition public employment on a basis that infringes upon the employee’s constitution[276]*276ally protected interest in free speech. Keyishian v. Board of Regents, 385 U.S. 589, 605-06, 87 S.Ct. 675, 684-85, 17 L.Ed.2d 629 (1967) (“[T]he theory that public employment which may be denied altogether may be subjected to any conditions, regardless of how unreasonable, has been uniformly rejected.”); Rankin v. McPherson, 483 U.S. 378, 107 S.Ct. 2891, 97 L.Ed.2d 315, reh’g denied, 483 U.S. 1056, 108 S.Ct. 31, 97 L.Ed.2d 819 (1987) (“Even if [an employee] could have been discharged for any reason or for no reason at all, she may nonetheless be entitled to reinstatement if she was discharged for exercising her constitutional right to freedom of expression.”); Page v. DeLaune, 837 F.2d 233, 237 (5th Cir.1988) (“A state may not discharge an employee for exercising his right to free speech on matters of public concern.”).

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Bluebook (online)
916 F.2d 273, 1990 U.S. App. LEXIS 19258, 1990 WL 155477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dr-nolan-l-kinsey-v-salado-independent-school-district-ca5-1990.