COPP v. UNIFIED SCHOOL DIST. NO. 501

Nos. 87-1443, 87-1838.

882 F.2d 1547 (1989)

Richard C. COPP, Plaintiff-Appellee, v. UNIFIED SCHOOL DISTRICT # 501; Topeka Board of Education; Joe Douglas, Jr.; Peggy M. Boggs; Joyce C. Romero; Mary Jo Bergkamp; Howard Ward; Ron Taylor; Ron Hall; Owen M. Henson; Don R. O'Neil; Tony Vargas; and Dennis Dunklee, Defendants-Appellants. Kansas Association of School Boards, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 21, 1989.


Attorney(s) appearing for the Case

Fred W. Phelps, Jr. (Brent D. Roper, with him on the brief) of Phelps — Chartered, Topeka, Kan., for plaintiff-appellee.

William G. Haynes (Wendy E. Johnston, with him on the briefs) of Edison, Lewis, Porter & Haynes, Topeka, Kan., for defendants-appellants.

Cynthia K. Lutz of the Kansas Ass'n of School Boards, Topeka, Kan., for amicus curiae.

Before MOORE and EBEL, Circuit Judges, and PHILLIPS, District Judge.


PER CURIAM.

Defendants appeal from the district court's denial of their motion for judgment notwithstanding the verdict. The jury awarded plaintiff damages on his claim that defendants had transferred him to a different job in violation of his First Amendment rights of free association and speech. We conclude that plaintiff failed to prove a violation of his association rights. Consequently, defendants' motion should have been granted on that issue. We also conclude...

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