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ROWLAND v. MAD RIVER LOCAL SCHOOL D., MONTGOMERY CTY.

No. 82-3218.

730 F.2d 444 (1984)

Marjorie H. ROWLAND, Plaintiff-Appellee, v. MAD RIVER LOCAL SCHOOL DISTRICT, MONTGOMERY COUNTY, OHIO, a public body corporate, Defendant-Appellant, Robert L. Bell, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided March 22, 1984.

Rehearing and Rehearing Denied June 4, 1984.

Attorney(s) appearing for the Case

Michael J. Burdge, argued, Dayton, Ohio, for defendant-appellant.

Alexander M. Spater, Spater, Gittes & Terzian, Columbus, Ohio, Michael D. Simpson, argued, Nat. Educ. Ass'n, Michael H. Gottesman, Bredhoff & Kaiser, Michael D. Simpson, Peter O. Shinevar, Washington, D.C., for plaintiff-appellee.

Leonard Graff, Legal Director, Nat. Gay Rights Advocates, San Francisco, Cal., for amicus curiae Nat. Gay Rights Advocates.

Before LIVELY, Chief Judge, and EDWARDS and KRUPANSKY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 4, 1984.

LIVELY, Chief Judge.

The school district appeals from a judgment in favor of a non-tenured guidance counselor who was suspended, then transferred and finally not rehired at the end of her one-year appointment. The question presented is whether these actions deprived the plaintiff of her right to freedom of speech under the First Amendment or to equal protection of the law under the Fourteenth Amendment to...

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