Jackie Anderson, Patrick Cockerham, Diann Banks, Herbert Lenton, and Mable Caleb v. Terry Grier, Superintendent of the Houston Independent School District
01-15-00285-CV
| Tex. App. | Dec 21, 2015Background
- Mable Caleb was principal of Key Middle School (later Kashmere HS). HISD retained outside counsel (Elizabeth Mata Kroger) and investigators (Frizell, Majlat) to probe alleged misconduct at Key after an anonymous complaint and other reports of improprieties (missing equipment, testing irregularities, nepotism, fundraising abuses).
- Kroger’s investigation culminated in a March 5, 2010 report finding various deficiencies and missing fixed assets; HISD Superintendent Terry Grier relied on the report and recommended termination.
- On March 22, 2010 Caleb submitted a written response rebutting the report and released that response to the Houston Chronicle; the Chronicle published an article quoting Grier and reporting Caleb’s announced retirement.
- The HISD Board voted to terminate Caleb on April 8, 2010. Co-plaintiffs (Anderson, Banks, Lenton, Cockerham) who had been interviewed during the investigation also sued.
- The district court (June 13, 2013) dismissed most claims: it dismissed all claims against Kroger, Frizell, and Majlat and dismissed the co-plaintiffs’ First Amendment and due-process claims; it left only Caleb’s claims against HISD and Grier for (1) retaliation for her Chronicle speech and (2) denial of a name‑clearing (liberty‑interest) hearing. The district court later granted summary judgment for HISD and Grier (Apr. 29, 2015). The Fifth Circuit affirmed (Jan. 6, 2015).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| First Amendment retaliation (Caleb’s Chronicle "open letter") | Caleb: her public response to the report was protected speech on a matter of public concern and motivated her termination. | HISD/Grier: termination resulted from independent, legitimate findings in Kroger’s investigation; any temporal proximity is insufficient and termination would have occurred regardless. | Held: Summary judgment for HISD/Grier. Court found legitimate reason (investigation findings) and no evidence of pretext; timing alone insufficient. |
| First Amendment free speech (Anderson, Banks, Lenton, Cockerham) | Plaintiffs: refusal to lie / silence when interviewed was protected speech. | Defendants: their statements were made pursuant to job duties and thus unprotected under Garcetti. | Held: Dismissed. Their interview statements were job‑related and not citizen speech. |
| First Amendment freedom of association (Caleb and co‑plaintiffs) | Caleb: attendance at town hall and political associations (Rep. Dutton, Trustee Galloway) were protected associations; co‑plaintiffs: membership in Caleb’s “clique.” | Defendants: alleged relationships were professional, not intimate or expressive associations; no facts showing adverse action because of protected association. | Held: Dismissed. Associations alleged were professional/political in context and, as pled, did not fall into protected intimate or expressive association categories. |
| Liberty‑interest due process (Caleb) | Caleb: public stigmatizing charges accompanying discharge without a name‑clearing hearing deprived her liberty interest. | Defendants: Caleb never requested a name‑clearing hearing; moreover, independent investigation provided bases for discharge. | Held: District court denied dismissal at pleading stage but on summary judgment granted for defendants: Caleb admitted she did not request a name‑clearing hearing, defeating the claim. |
Key Cases Cited
- Garcetti v. Ceballos, 547 U.S. 410 (speech pursuant to official duties is not protected by the First Amendment)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (individualized allegations required; conclusory assertions insufficient)
- Mt. Healthy City Sch. Dist. Bd. of Ed. v. Doyle, 429 U.S. 274 (employer may show it would have taken same action absent protected speech)
- Rosenstein v. City of Dallas, 876 F.2d 392 (5th Cir.) (liberty‑interest name‑clearing hearing framework)
- Bledsoe v. City of Horn Lake, 449 F.3d 650 (5th Cir. 2006) (failure to request name‑clearing hearing defeats liberty‑interest claim)