Adams v. Board of Education of Harvey School Dist. 152

Record contained sufficient evidence to support jury’s $400,000 verdict in favor of plaintiff in plaintiff-school superintendent’s section 1983 action alleging that defendant-school board constructively discharged her in retaliation for registering complaint with police that member of board threatened her with physical violence. While defendant argued that plaintiff’s police report was personal grievance, as opposed to protectible matter of public concern, plaintiff’s report was legitimate subject of public concern that was protected under First Amendment, since potential for physical violence between public officials implies that instant public institution was not working properly. Moreover, instant threat, which was uttered shortly after plaintiff had requested audit of school district’s finances, was matter of public interest, especially where link between audit and threat was reported to police. Ct. noted, though, that defendant had waived any potential issue that report was not protected under First Amendment under Garcetti, 547 U.S. 410, because it concerned on-the-job speech based on plaintiff’s job duties. Ct. also affirmed Dist. Ct.’s  award of $190,000 in attorney’s fees, even though plaintiff had requested $485,000 in fees due to higher than normally charged hourly-rate and “bonus” enhancements, where said enhancements are not permitted under fee-shifting statutes.