Zellner v. Herrick, No. 10-2729 (7th Cir. 2011)
Annotate this CaseA former high school teacher and union president was fired for allegedly viewing pornography on school computers. The district court rejected claims under 42 U.S.C. 1983, based on an assertion that the firing was retaliation for union activity. Before terminating the teacher's employment, the school district held an open hearing at which the teacher was allowed to present evidence and witnesses. He did not refute the charges, but only issued an apology; he has had all of the process he is due. With respect to First Amendment retaliation claims, the court stated that the relationship between the union and the district was "contentious, combative, and miserable," but that the district had an independent, legitimate reason for the termination.
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