KIRKLAND v. NORTHSIDE INDEPENDENT SCHOOL DIST.

No. 88-5640.

890 F.2d 794 (1989)

Timothy KIRKLAND, Plaintiff-Appellee, v. NORTHSIDE INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 1989.


Attorney(s) appearing for the Case

Emerson Banack, Jr., William T. Armstrong, Nan P. Seidenfeld, Foster, Lewis, Langley, Gardner & Banack, San Antonio, Tex., for defendant-appellant.

James A. Kosub, Kosub & Gaul, San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

This civil rights action arose as a consequence of the non-renewal of a probationary teacher's employment contract. The nontenured public school teacher sought relief under 42 U.S.C. § 1983 for alleged violations of his constitutional rights. We are asked to decide whether the first amendment empowers public school instructors to teach from their own individual reading lists, in substitution for those supplied by schools as part...

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