Charter School Not Immune From Ex-Worker’s Whistleblower Lawsuit

A Texas charter school must face a whistleblower retaliation suit from a former employee after a federal appeals panel ruled Friday the school failed to show it was immune under the 11th Amendment.

A district court erred when it ruled Wayside Schools was immune from former executive Deroald Hopkins’ retaliation claim, the US Court of Appeals for the Fifth Circuit ruled in an unpublished per curiam opinion, reversing dismissal of the 2021 complaint.

“Wayside Schools has not met its burden of proving that it is entitled to Eleventh Amendment immunity,” the court said.

Hopkins, who is Black, worked as both ...