 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Leach v. New Mexico Junior College2/19/2002
In this civil rights action claiming retaliatory termination from employment for exercising First Amendment rights, Defendants, the New Mexico Junior College (NMJC), its Board, and several of its officials, appeal from two orders partially denying their motions for summary judgment. Although the district court's orders are only partly favorable to his interests, Plaintiff Don Leach has not filed a cross- appeal. We address the following issues: (1) whether the district court improperly determined that NMJC is not an "arm of the state" such that its agents are not entitled to immunity from suit under the Eleventh Amendment; (2) whether the district court erred in partially denying Defendants' defense of qualified immunity; (3) whether Leach impermissibly failed to exhaust his administrative remedies; (4) whether Defendants should have been granted immunity from liability pursuant to NMSA 1978, ยง 21-1-18 (1957); and (5) whether the district court erred in concluding that Leach's claims involve speech on a topic of "public concern." We affirm.
Facts
The following facts are pertinent to this appeal, and appear to be undisputed. Leach was employed at NMJC in a variety of capacities for over sixteen years. Throughout most of that period, he was a member of the NMJC administration. His duties varied over the years, including oversight of the area vocational high school, the public information and marketing section, the college bookstore, the continuing education program, and the small business development center.
Campus security was added to Leach's responsibilities in August 1996. After investigating the status of security and discipline at NMJC, Leach held a meeting on November 5, 1996 in order to discuss the matter with other members of the NMJC administration and staff. In a nutshell, Leach asserted that discipline was lax and NMJC was insufficiently dedicated to security as a whole. Defendant Charles Hays, who was president of NMJC at that time, disagreed strongly with Leach's position. The meeting adjourned after a heated exchange.
On November 6, 1996, Hays drafted and sent a letter to the state legislature proposing to reduce the NMJC budget by eliminating Leach's position. Shortly thereafter, Hays informed Leach that he intended to recommend eliminating his position. On January 15, 1997, Hays made his recommendation, and the NMJC Board approved it. Pursuant to the grievance procedures outlined in the NMJC employee handbook, Leach appealed from the Board's decision, claiming that he was terminated in violation of his First Amendment right to freedom of speech.
During the pendency of his appeal, Leach met with staff from the Hobbs News-Sun to inform them about his concerns regarding campus security and disciplinary policies. Additionally, he reported possible misuse or misappropriation of college assets by Hays. The newspaper investigated these allegations and published several articles about them in mid-March. At about this time, Hays was placed on administrative leave, and the newspaper also published that information. Shortly thereafter, Leach spoke with officers from the Hobbs Police Department and the Lea County Sheriff's Department, which were also conducting investigations into the state of affairs at NMJC. On May 23, 1997, the NMJC Board held a hearing on Leach's appeal. The Board postponed its decision until June 9, 1997, at which time it concluded that Leach's constitutional right to freedom of speech had been violated. In accordance with the employee handbook, Leach was offered a new contract as coordinator of the small business development center. Apparently, this position represented a demotion in the administrative hiera
Page 1 2 3 4 5 6 7 New Mexico Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|