mthealthyvdoyle

(U. S., 1977)
 * MT. HEALTHY CITY BOARD OF ED. v. DOYLE**

__Facts:__ R (Doyle, teacher) petitions the court for reinstatement and damages, claiming violation of First and Fourteenth Amendment Rights P (School Board) Claims the Court has no jurisdiction because the amount in question is under $10,000 and the School Board is not a person.

__Issues / Answers:__ 1. Can a nontenured teacher be fired for speaking negatively about the school or system in the press? No. All teachers have First Amendment rights. 2. Can a school system be forced to retain an ineffective nontenured teacher? No. If the teacher is nontenured the system does not have to give reasons for firing.

__Basis / Rationale:__ Legal Basis – First Amendment Rationale – The teacher claimed that a substantial portion of the reason for his not being rehired was because of comments he made to a radio station and these fall under his right to free speech. The school system claimed that the District Court had no jurisdiction in the case because the amount of backpay owed the teacher was under $10,000 and they claimed to be a part of the government and not a person who could be sued.

__Notes:__ Teacher was dismissed for an altercation with another teacher, an argument in cafeteria, swearing at students, an obscene gesture to girl students, and a telephone call to radio station about a memo from principal concerning dress of some teachers.


 * District Court** decides that his phone call to the radio station was a substantial factor in his firing and this violates his First Amendment Rights and he should be reinstated with backpay.

School Board claims that District Court has no jurisdiction because the amount is under $10,000 and claims that he can’t sue them because they are not a person.
 * Circuit Court** agreed.

1. Could well be over $10,000 2. School Board is not, under Ohio law part of “State” and can be sued. 3. Teacher still has constitutional rights despite the fact that he is not tenured. 4. Teacher did show that phone call was a substantial part of his firing.
 * Supreme Court**

However, the District Court should have then found out that there was enough evidence that he would have been fired without considering the phone call to the press.

Vacated and Remanded