Brown v. Chicago Bd. of Education

Dist. Ct. did not err in granting defendant-school board’s motion for summary judgment in section 1983 action alleging that defendant suspended plaintiff-teacher in violation of his First Amendment rights, where suspension followed incident in which plaintiff held discussion with his students about why term “nigger” should not be used in school. Under Garcetti, 574 US 410, plaintiff’s discussion with his students was not protected speech since plaintiff was performing his role as teacher (as opposed to his role as “citizen”) at time he made his statements. Fact that plaintiff’s discussion was impromptu or was attempt to quell student misbehavior did not require different result. Dist. Ct. also did not err in granting defendant’s summary judgment motion with respect to plaintiff’s due process claim, since: (1) plaintiff did not raise any procedural due process claim as he was aware of charges against him and was aware of defendant’s policy prohibiting teacher’s use of racial epithets in front of students; and (2) fact that said policy did not distinguish between educational use of “nigger” term and use of said term as racial slur directed toward student did not make instant policy unconstitutionally vague. Fact that students heard said term under few circumstances indicating school’s tacit approval, such as in activities involving literature and movies did not require different result.