Hennessy v. City of Melrose

Procedural entryThis page is a short order in Hennessy v. City of Melrose. Read the opinion of the Court — 194 F.3d 237
Court of Appeals for the First Circuit·Decided October 25, 1999·No. 98-2011·Published

Opinion

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<pre>                 United States Court of Appeals <br>                     For the First Circuit <br> <br> <br> <br>No. 98-2011 <br> <br>                       ROBERT J. HENNESSY, <br> <br>                      Plaintiff, Appellant, <br> <br>                                v. <br> <br>                     CITY OF MELROSE, ET AL., <br> <br>                      Defendants, Appellees. <br> <br> <br> <br>           APPEAL FROM THE UNITED STATES DISTRICT COURT <br> <br>                FOR THE DISTRICT OF MASSACHUSETTS <br> <br>         [Hon. Douglas P. Woodlock, U.S. District Judge] <br> <br> <br> <br>                              Before <br> <br>                      Selya, Circuit Judge, <br>                                 <br>                 Coffin, Senior Circuit Judge, <br>                                 <br>                   and Lipez, Circuit Judge. <br>                                 <br>                                 <br>                                 <br>     William P. Monahan for appellant. <br>     Regina M. Gilgun, with whom Douglas I. Louison and Merrick, <br>Louison & Costello were on brief, for municipal appellees. <br>     Salvatore M. Giorlandino, Assistant Attorney General, with <br>whom Thomas F. Reilly, Attorney General of Massachusetts, was on <br>brief, for remaining appellees. <br> <br> <br> <br> <br> <br>October 22, 1999 <br> <br> <br> <br>                                 <br>                                 <br> <br>

 SELYA, Circuit Judge.  This appeal implicates the <br>delicate balance between the need of educational institutions to <br>have a relatively unfettered hand in order to perform their core <br>mission effectively and the rights of teachers (and aspiring <br>teachers) freely to express themselves.  On particular facts, the <br>district court reconciled that balance against plaintiff-appellant <br>Robert J. Hennessy.  At the same time, the court rejected several <br>other claims that Hennessy had brought.  Hennessy now appeals.  We <br>affirm. <br>I.  BACKGROUND <br>  In accord with the summary judgment standard, we limn the <br>facts as hospitably to the appellant's claims as the record <br>permits, indulging all reasonable inferences in his favor.  See <br>Coyne v. Taber Partners I, 53 F.3d 454, 456 (1st Cir. 1995). <br>  The Commonwealth of Massachusetts operates Salem State <br>College.  Matriculation there offers students, inter alia, the <br>opportunity to obtain both a baccalaureate degree in education and <br>a teaching certificate (a sine qua non to securing a faculty <br>position in a public school within the Commonwealth).  The issuance <br>of such a certificate, in turn, hinges on successful completion of <br>a student teaching practicum. <br>  When the events giving rise to this suit transpired, the <br>appellant had completed three years of a four-year curriculum at <br>Salem State.  In the first semester of his senior year, he enrolled <br>in a class on multiculturalism taught by Dr. Mary-Lou Breitborde, <br>the chair of Salem State's Department of Education.  Over the <br>course of the semester, Breitborde became concerned about the <br>appellant's unusually forceful espousal, at inappropriate times, of <br>religiously oriented views on subjects such as homosexuality and <br>abortion (e.g., his submission of a paper wrapped in a picture of <br>a fetus, even though the paper had nothing to do with reproductive <br>rights).  In light of these experiences and corroborative reports <br>received from other docents, Breitborde met with the appellant to <br>address his suitability for pursuing a teaching career in the <br>public schools. <br>  At the meeting, Breitborde expressed concerns about the <br>appellant's ability to adhere to state-mandated professional <br>standards, especially in regard to respect for diversity among <br>school children.  When she specifically asked for an assurance that <br>he would refrain from proselytizing in the classroom, he indicated <br>that such an assurance would be hard to provide in view of his <br>strong belief that children should regard Jesus Christ as their <br>salvation.  The audience concluded with Breitborde's statement that <br>she would need to ponder whether the appellant could continue in <br>Salem State's teacher certification program.  A faculty member <br>subsequently told Breitborde that the appellant had completed an <br>earlier part-time placement in a public school without incident.  <br>This piece of information apparently tipped the balance and she <br>decided to give him the benefit of the doubt. <br>  In January of 1996, Salem State, acting with Breitborde's <br>approval, placed the appellant at the Horace Mann Elementary <br>School, Melrose, Massachusetts, for a student teaching practicum, <br>and assigned him to assist Richard McDermod in instructing a <br>fourth-grade class.  Dr. John Mangini, a Salem State faculty member <br>responsible for evaluating the appellant's performance at Horace <br>Mann, reported during the initial stages of the practicum that he <br>was doing well. <br>  In March, the situation began to deteriorate.  Four <br>incidents occurred.  We summarize what the record shows. <br>     The Everson Conversation.  During a <br>  conversation that took place on an <br>  undetermined date, the appellant showed a <br>  picture of an aborted fetus to a teacher, <br>  Carol Everson.  His behavior and demeanor <br>  frightened Everson and she voiced her <br>  trepidation to Horace Mann's principal, Dr. <br>  Judy DeLucia. <br> <br>     Family Fiesta Night.  On March 26, the <br>  appellant balked at participating in a <br>  multicultural assembly called "Family Fiesta <br>  Night"   an event in which his fourth-grade <br>  class was actively involved.  When McDermod <br>  directed the appellant to attend, he did so <br>  grudgingly.  Once there, he called the dancing <br>  "silly" and "inappropriate," and left almost <br>  immediately.  He made no bones about the fact <br>  that he considered the performances lewd and <br>  offensive to principles of "biblical <br>  sobriety." <br> <br>     Regarding Art.  Three days later, the <br>  appellant's class attended a presentation by <br>  parent volunteers entitled "Regarding Art."  <br>  One of the presenters introduced a well-known <br>  painting by Renato Cesaro which parodied a <br>  traditional (Leonardo da Vinci) rendition of <br>  the Last Supper and depicted Hollywood stars <br>  in lieu of Christ and the apostles.

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