31 F. Supp. 3d 901
E.D. Ky.2014Background
- Napier sued the Breathitt County Board of Education (BOE) and others after an FBI investigation into the superintendent; Napier cooperated with the FBI and alleges retaliation.
- Napier was employed as principal at Breathitt County High School in 2000, later serving as Director of Pupil Personnel and then Assistant Superintendent until disability retirement in 2012.
- Turner, the Superintendent, was investigated, arrested, and later resigned; Napier alleges Turner reviewed Napier’s FBI information and retaliated against him.
- Stevens was hired as Interim Superintendent after Turner’s resignation; Napier claims Stevens retaliated and that Napier was bypassed for the interim position.
- Napier asserted seven counts in the complaint, including four federal and state claims; the court previously dismissed most defendants, with Counts I, II, III, and V remaining against the BOE.
- The BOE moved for summary judgment under Rule 56(a); the court granted the motion, dismissing Napier’s remaining claims against the BOE.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Napier’s Fourteenth Amendment substantive due process claim survives. | Napier asserts a substantive due process violation based on free speech. | BOE contends the claim duplicates the First Amendment claim and is not applicable. | Dismissed; substantive due process claim is not viable. |
| Whether Napier’s Fourteenth Amendment procedural due process claim survives. | Napier contends he had a protected property interest and was denied due process. | Napier lacks a protectable property interest and no due-process procedures were required. | Dismissed; no protectable property interest. |
| Whether Napier’s First Amendment retaliation claim against the BOE survives under Monell. | Napier argues retaliation for FBI cooperation; action by BOE policy or custom caused harm. | No official policy or tolerated custom; Monell liability not established. | Dismissed; BOE not liable under Monell. |
| Whether Napier’s state-law political discrimination claim under KRS 161.164 survives. | Napier alleges political retaliation against him in employment actions. | Actions were due to FBI cooperation, not political opinions. | Dismissed; no alleged political opinion or violation shown. |
| Whether Napier’s whistleblower claim under KRS 61.101 survives. | Napier alleges disclosures of mismanagement; adverse action followed. | Napier failed to allege the required disclosures or protected reporting. | Dismissed; no valid whistleblower claim under the statute. |
Key Cases Cited
- Board of Regents of State Colleges v. Roth, 408 U.S. 564 (U.S. 1972) (creation of property interests from state law; no entitlement without statutory basis)
- Connell v. Connick, 461 U.S. 138 (U.S. 1983) (public concern required for protected speech analysis)
- Pickering v. Board of Education, 391 U.S. 563 (U.S. 1968) (balance speech rights against school efficiency interests)
- Brandenburg v. Housing Authority of Irvine, 253 F.3d 891 (9th Cir. 2001) (free speech protections apply to public-corroption disclosures; public concern)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (local government liability requires official policy or widespread custom)