Dist. Ct. did not err in granting defendants-University officials’ motion for summary judgment in plaintiff-student’s section 1983 action alleging that defendants violated his First Amendment rights when they did not select him for temporary student-government position in retaliation for his prior critical stances against members of University administration, including defendants, who worked with student government, and who were involved with instant application process. Defendants explained that plaintiff’s application was rejected because he had not been enrolled in either summer or fall classes at time of application, and Dist. Ct. could properly find that defendants were entitled to qualified immunity, because federal law did not clearly establish that enforcing instant enrollment requirement for student-government position violated First Amendment. Fact that defendants allegedly violated state law in rejecting plaintiff’s application did not require different result, and plaintiff otherwise did not pursue public-employment theory at summary judgment stage of case.
Federal 7th Circuit Court
Civil Court
First Amendment