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PENLEY v. McDOWELL COUNTY BD. OF EDUC.

No. 16-2034.

876 F.3d 646 (2017)

Stanley Jeffrey PENLEY, Plaintiff-Appellant, v. McDOWELL COUNTY BOARD OF EDUCATION; Gerri Martín, in her official and individual capacities; Natalie Gouge, in her official and individual capacities; Robert Gillespie, a/k/a Mitch Gillespie; H. Russell Neighbors, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 28, 2017.

Attorney(s) appearing for the Case

ARGUED: David Philip Kula , LAW OFFICE OF DAVID KULA, Asheville, North Carolina, for Appellant. Robert J. King III , BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellees. ON BRIEF: Julia C. Ambrose , BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellees McDowell County Board of Education, Natalie Gouge, and H. Russell Neighbors. Ann-Patton Hornthal , ROBERTS & STEVENS, P.A., Asheville, North Carolina, for Appellee Gerri Martin. Ronald K. Payne , LONG, PARKER, WARREN, ANDERSON & PAYNE, P.A., Asheville, North Carolina, for Appellee Robert "Mitch" Gillespie.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Duncan joined. Judge Wilkinson wrote a concurring opinion.

Stanley Jeffrey Penley ("Appellant") was a teacher at McDowell County High School ("MHS") from 2006 to 2013. He also regularly worked as a media strategist on political campaigns. Following an incident in Appellant's classroom in April 2013 in which he made an inappropriate comment...

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