FOX v. TRAVERSE CITY AREA PUB. SCH. BD. OF EDUC.

No. 09-1688.

605 F.3d 345 (2010)

Susan M. FOX, Plaintiff-Appellant, v. TRAVERSE CITY AREA PUBLIC SCHOOLS BOARD OF EDUCATION, Traverse City Area Public Schools, Christine M. Davis, and Robert T. Peters, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2010.


Attorney(s) appearing for the Case

ARGUED: Carl J. Marlinga, Marlinga Law Group, PLLC, Clinton Township, Michigan, for Appellant. William Vogelzang, Jr., Kluczynski, Girtz & Vogelzang, Grand Rapids, Michigan, for Appellee. ON BRIEF: Carl J. Marlinga, Marlinga Law Group, PLLC, Clinton Township, Michigan, for Appellant. William Vogelzang, Jr., Mark T. Ostrowski, Kluczynski, Girtz & Vogelzang, Grand Rapids, Michigan, for Appellee.

Before: DAUGHTREY, GILMAN, and KETHLEDGE, Circuit Judges.


OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Plaintiff Susan M. Fox, a former special-education teacher employed by the defendant school system, appeals the district court's order granting summary judgment to the defendants in this First Amendment retaliation action brought under 42 U.S.C. § 1983. The district court held that the case is controlled by the Supreme Court's decision in Garcetti v. Ceballos, 547 U.S. 410

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