Zellner v. Herrick, 639 F.3d 371

Zellner, Cedarburg High School biology teacher and union president, was terminated for allegedly viewing pornographic images on a school computer under District policy.
Zellner claimed the termination was retaliatory due to his union activities and contested the District's motive under §1983 First and Fourteenth Amendments.
The District had a history of contentious relations with the Union, including prior press criticism and contested contract negotiations.
In August 2005, the Board updated the computer-use policy, warning that computer activity was not private and could be monitored; Zellner acknowledged the policy.
Monitored activity revealed a November 6, 2005 Google Image search for 'blonde' that yielded pornographic thumbnails; Zellner admitted prior porn use on a District computer.
A disciplinary hearing was held January 17, 2006, leading to termination; arbitration later found a policy violation but rescinded the termination, which the District did not honor, prompting federal suit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Zellner's due process claim was properly dismissed	Zellner asserts stigmatization without due process relief; he had a hearing to clear his name.	Zellner received an open hearing and could present evidence; relief already provided.	Claim fails; hearing satisfied due process.
Whether Zellner established a prima facie First Amendment retaliation claim	Union animus and retaliation for protected speech led to termination.	There was a legitimate non-discriminatory reason—policy violation—unrelated to union activity.	No prima facie case established; summary judgment affirmed.
Whether the evidence shows the District's reasons were pretextual	Policy application and timing indicate pretext tied to union activity.	Zellner admitted the policy violation; no other comparator evidence to show pretext.	Pretext not shown; retaliation claim rejected.

Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading must show plausible claim, not mere recitals)
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standard requires facial plausibility)
Ricketts v. Midwest National Bank, 874 F.2d 1177 (7th Cir. 1989) (dismissal for failure to state a claim requires no reasonable possibility of relief)
Codd v. Velger, 429 U.S. 624 (U.S. 1977) (due process includes an opportunity to clear one's name at a hearing)
Massey v. Johnson, 457 F.3d 711 (7th Cir. 2006) (prima facie First Amendment retaliation requires but-for causation)
Gross v. FBL Financial Services, Inc., 557 U.S. 167 (U.S. 2009) (causation standard in employment-retaliation claims)
Valentino v. Village of South Chicago Heights, 575 F.3d 664 (7th Cir. 2009) (burden shifts after showing improper purpose; need for proof of pretext)
Mullin v. Gettinger, 450 F.3d 280 (7th Cir. 2006) (speech precedes adverse action is not alone proof of causation)
Vukadinovich v. Board of School Trustees, 278 F.3d 693 (7th Cir. 2002) (summary judgment standard and evaluating employer's stated reasons)
Perry v. Callahan, Not listed in opinion (Not listed) (Not applicable)