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JOHNSEN v. IND. SCHOOL DIST. NO. 3 OF TULSA COUNTY

No. 86-2759.

891 F.2d 1485 (1989)

Ellen F. JOHNSEN, R.N., Plaintiff/Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 3 OF TULSA COUNTY, OKLAHOMA, a/k/a Broken Arrow Public Schools, Theo Smith, Jim Goodwin, Max Brissey, Bob Morris, and D.C. Anderson, Individually and in their official capacities as Board Members of Independent School District No. 3, Dr. C.G. Oliver, Jr., Education Director, Individually and in his official capacity as Superintendent of Independent School District No. 3, and Dr. Don Hall, Education Director, Individually and in his official capacity, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

December 19, 1989.

Attorney(s) appearing for the Case

Louis W. Bullock of Bullock & Bullock, Tulsa, Okl., for plaintiff/appellant.

Ronald L. Day of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl. (Laurie W. Jones of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., with him on the brief), for defendants/appellees.

Karen L. Long of Oklahoma Educ. Ass'n, Oklahoma City, Okl., filed brief amicus curiae, for Oklahoma Educ. Ass'n.

Larry Lewis of Oklahoma State School Boards Ass'n, Oklahoma City, Okl., filed brief amicus curiae, for Oklahoma State School Boards Ass'n.

Before HOLLOWAY, Chief Judge, and HENLEY and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff brought this action under 42 U.S.C. § 1983, alleging that her First Amendment rights were violated when her contract as a school nurse was not renewed after she spoke out against the school district's medication policy. After the jury awarded plaintiff $10,000 in damages, the district court granted a judgment notwithstanding the verdict in favor of the defendants because plaintiff's speech was not protected under the balancing test...

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