School District Wins Appeal of Fired Employee’s Free Speech Case

June 17, 2021, 6:05 PM UTC

A former Texas school district employee can’t move forward with a lawsuit alleging he was fired for criticizing the then-superintendent about her alleged misuse of funds during an internal investigation interview, the Fifth Circuit ruled Thursday.

Robert A. Hawkland made the statements in accordance with his official job duties, not as a private citizen, and thus failed to plausibly allege a First Amendment employment retaliation claim, the appeals court ruled in an unpublished opinion.

The Grand Prairie Independent School District required Hawkland, who managed the district’s HVAC system, to participate in the interview, and his statements “unequivocally served his employer’s ...

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