PIVER v. PENDER COUNTY BD. OF EDUC.

No. 87-2536.

835 F.2d 1076 (1987)

Edwin G. PIVER, Plaintiff-Appellant, v. PENDER COUNTY BOARD OF EDUCATION; Billy O. Rivenbark; Wilbert Henry; Charles F. Sidbury; J.J. Smith; R.E. Brown individually and as a member of the Pender County Board of Education; M.D. James, individually and as Superintendent of Schools of Pender County, Defendants-Appellees, Pender County Schools, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1987.


Attorney(s) appearing for the Case

William Robert Shell, Wilmington, N.C., for plaintiff-appellant.

Richard Allen Schwartz (Tharrington, Smith & Hargrove, Raleigh, N.C., on brief), for defendants-appellees.

Before PHILLIPS, ERVIN, and WILKINSON, Circuit Judges.


ERVIN, Circuit Judge:

This action for damages under 42 U.S.C. § 1983 (1982) was brought by a high school teacher who spoke out in support of tenure for his principal. The principal was later discharged, and the teacher was reassigned to a junior high school some forty miles from his home. The transfer never took place, however, because the teacher signed a statement of support for his new principal and the school board gave him back his original job. The teacher...

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