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EATON v. NEWPORT BD. OF EDUC.

No. 90-6330.

975 F.2d 292 (1992)

Robert EATON, Plaintiff-Appellee, v. NEWPORT BOARD OF EDUCATION, et al., Defendants, Kentucky Education Association; and William Gist, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 17, 1992.

Rehearing and Rehearing Denied November 9, 1992.

Attorney(s) appearing for the Case

Robert C. Cetrulo (argued & briefed), Robert C. Cetrulo, Covington, Ky., Robert B. Cetrulo, Ware, Bryson, West & Bartlett, Edgewood, Ky., Stephen T. McMurtry, McMurtry & Wolff, Covington, Ky., for plaintiff-appellee.

Jeremiah A. Collins (argued), Martin Lederman (briefed), Bredhoff & Kaiser, Washington, D.C., John Frith Stewart, Dennis Franklin Janes, Segal, Isenburg, Sales, Stewart & Cutler, Louisville, Ky., for defendants-appellants.

Before: RYAN and BOGGS, Circuit Judges; and GODBOLD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 9, 1992.

BOGGS, Circuit Judge.

This is an appeal of a jury verdict of $1 million rendered in favor of Robert Eaton based on his claims, brought pursuant to 42 U.S.C. § 1983 that the defendants conspired to violate his procedural and substantive due process rights and that the defendants committed the tort of outrageous conduct against him. Upon review, we hold that this verdict violates the first amendment...

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