CARLSON v. MIDWAY R-1 SCHOOL DIST.

No. 94-3146.

53 F.3d 878 (1995)

Rex W. CARLSON; Plaintiff-Appellee; v. MIDWAY R-1 SCHOOL DISTRICT; Defendant; Janice Larson, Individually, and in her capacity as superintendent of Midway R-1 School District; Larie Thomas, Individually, and in her capacity as a member of the school board; Defendants-Appellants; James L. Arnett, Individually, and in his capacity as a member of the school board; Defendant; Richard Farr, Individually, and in his capacity as a member of the school board; Terry Carter, Individually, and in his capacity as a member of the school board; Bill Potts, Individually, and in his capacity as a member of the school board; Roy M. Beaman, Individually, and in his capacity as a member of the school board; Ronnie D. Jones, Sr., Individually, and in his capacity as a member of the school board; Patricia Shade, Individually, and as an employee of Midway R-1 School District; Robert Weltsch, Individually, and as an employee of Midway R-1 School District; Judy Long; Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided: April 28, 1995.


Attorney(s) appearing for the Case

Stephen Brown, Kansas City, MO, argued (Melodie A. Powell, on the brief) for appellants.

Gwen Caranchini, Kansas City, MO, argued, for appellee.

Before MCMILLIAN, Circuit Judge; HEANEY, Senior Circuit Judge; and MORRIS SHEPPARD ARNOLD, Circuit Judge.


HEANEY, Senior Circuit Judge.

Rex W. Carlson, a former member of the Board of Education of the Midway R-1 School District, brought an action alleging violations of his First Amendment rights and constructive discharge from the Board. The defendants — the school district, its superintendent and two employees, and the secretary and other members of the Board — sought summary judgment based on qualified immunity. The district court denied their motions...

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