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KAY v. BOARD OF EDUC. OF CITY OF CHICAGO

No. 06-3183.

547 F.3d 736 (2008)

Gail KAY, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the CITY OF CHICAGO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 2008.

Attorney(s) appearing for the Case

Steven J. Plotkin (argued), Evanston, IL, for Plaintiff-Appellant.

Lee Ann Lowder, Mark A. Trent (argued), Chicago Board of Education Law Department, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and SYKES and TINDER, Circuit Judges.

EASTERBROOK, Chief Judge.

After Gail Kay retired in 1994 from her position as a teacher at Walt Disney Magnet School in Chicago, she filed a suit under 42 U.S.C. § 1983 accusing the Board of Education of violating the Constitution by penalizing her on account of her speech at a local school council. She contended that her retirement had been involuntary and should be treated as a constructive discharge. The litigation was settled and dismissed in 1996. As part...

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