Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, November 02, 2005

Ex-Tipp City Teacher's Lawsuit Allowed to Live On

The United States 6th Circuit Court of Appeals agreed with a district judge's decision to deny a request from the Tipp City Board of Education to dismiss a civil rights case brought on behalf of teacher Shelley Evans-Marshall. The litigation's genesis had to do with incidents in 2001 in which groups of parents criticized the appropriateness and merit of some reading materials Marshall assigned to students as optional reading: Fahrenheit 451, To Kill a Mockingbird, and Siddhartha.

In denying the Board's motion to dismiss, the court stated that the "Board’s approval of Evans-Marshall’s termination is an injury that would chill First Amendment expression. Evans-Marshall also specifically alleges that the Board’s decision was at least partly motivated by the protected activity. As with the individual defendants, the Board’s rebuttal that the termination was for legitimate, non-discriminatory reasons cannot be considered without some factual discovery."



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