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DAY v. SOUTH PARK INDEPENDENT SCHOOL DIST.

No. 84-2119.

768 F.2d 696 (1985)

Mavis DAY, Plaintiff-Appellant, v. SOUTH PARK INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 16, 1985.

Attorney(s) appearing for the Case

Robert E. Hall, Houston, Tex., Robert H. Chanin and Gary L. Sasso, Washington, D.C., for plaintiff-appellant.

Wells, Peyton, Beard, Greenberg, Hunt & Crawford, Tanner T. Hunt, Jr., Beaumont, Tex., for defendant-appellee.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The first amendment protects freedom of speech and the right to petition the Government for a redress of grievances. An untenured school teacher asserts that these rights were violated when her contract was not renewed because she protested her principal's unfavorable evaluation of her performance. The facts support the district court's conclusion that her actions, whether viewed as speech, petitioning, or both, related only to her superior...

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