Skalsky v. Indep. Sch. Dist. No. 743, No. 13-3605 (8th Cir. 2014)
Annotate this CasePlaintiff, a custodian for the school district, filed suit under 42 U.S.C. 1983 and state law against the district after plaintiff's wife spoke at a public school board meeting. Plaintiff's wife was speaking as a member of the public, suggesting that the school board should consider sharing a superintendent and eliminating a principal. The court affirmed the district court's finding that the evidence did not establish any genuine dispute of material fact or sufficient evidence to show that plaintiff's association with his wife was a substantial or motivating factor in his alleged constructive discharge; the district's proffered reasons for plaintiff's reassignment was pretext; or the requisite personal motive necessary for a tortious interference with a contract.
Court Description: Civil case - Civil rights. Plaintiff failed to provide evidence of a connection between his wife's comments at a public meeting and his subsequent reassignment and no reasonable jury could conclude his evidence was sufficient to show his wife's speech was a substantial or motivating factor in the school district's decision to reassign him; assuming plaintiff met his burden of proof under Minn. Stat. Sec. 363A.08, subd 2 regarding discrimination based on marital status, defendant articulated a legitimate, non-discriminatory reason for the reassignment and plaintiff failed to show that the proffered reason was a pretext for discrimination based on marital status; with respect to plaintiff's claim for tortious interference with contract, Minnesota law requires plaintiff to show defendant Brooks and Messer acted with malice, and his evidence was insufficient to establish this element of the cause of action.
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