Diadenko v. Folino, No. 12-3091 (7th Cir. 2013)Annotate this Case
Diadenko began working at Schurz High School in 2009 and became aware of practices relating to Individualized Education Plans for the school’s special education department that, in her opinion, were problematic. After voicing her concerns to school administrators, Diadenko wrote Chicago Mayor Daley His office forwarded her letter to the Board of Education. A Chicago Public School investigator looked into Diadenko’s allegations, but in the interim Diadenko was suspended twice for violating school policies. Diadenko and three others filed suit under 42 U.S.C. 1983, alleging violations of their rights under the First and Fourteenth Amendments and under Illinois law by retaliation for speaking out and for refusing to engage in illegal activity occurring within the school. The court granted the defendants summary judgment. The Seventh Circuit affirmed. Diadenko failed to present evidence that the principal was aware of her letter to the Mayor before taking disciplinary action against her.