CHERYL ANNE RENFROE, PLAINTIFF-APPELLANT,
v.
DR. JOHN KIRKPATRICK, ET AL., DEFENDANTS-APPELLEES

11th Cir. | 1984-01-12
No. 82-7394
Before GODBOLD, Chief Judge, RONEY and SMITH, Circuit Judges.
722 F.2d 714 Court of Appeals for the Eleventh Circuit (1984) Caution
Cited by 26 cases

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Holding

A public employee's grievance is protected by the First Amendment only if it relates to a matter of public concern, not merely personal interest.


Facts & Procedural History

A non-tenured teacher was not rehired after filing a grievance regarding a job-sharing offer. The jury awarded damages, but the district court entered…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Cheryl Anne Renfroe [Wade], a non-tenured teacher, was not rehired to teach with the Piedmont City Board of Education. She brought this 42 U.S.C.A. § 1983 action contending she was not rehired because she filed a grievance, and that this violated her First Amendment rights. The jury awarded Renfroe $6,400 in compensatory damages and $12,500 in punitive damages. The district court, Renfroe v. Kirkpatrick, 549 F.Supp. 1368 (N.D.Ala.1982), entered judgment n.o.v. for the defendant. We affirm in light of the principles set forth in Connick v. Myers, - U.S. -, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983).

In responding to budgetary problems, the Superintendent of Education had offered Renfroe a job sharing a full-time position with another teacher. Renfroe expressed her unwillingness to job share at that time, and subsequently filed a grievance asserting her interest in keeping a full-time job, and claiming that she had seniority and more teaching experience than the other teacher. The other teacher was later hired for the position on a full-time basis pursu ant to the Superintendent’s recommendation.

Although defendants contend, as the district court held, that the grievance was not a substantial or motivating factor in the decision not to rehire Renfroe, it is not necessary to resolve that issue on appeal in view of the recent Connick decision, rendered after the district court decision. It is now clear that plaintiff’s grievance is protected under the First Amendment only if it related to a matter of public concern. In Connick the Supreme Court explicitly held that “when a public employee speaks not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest, absent the most unusual circumstances, a federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly in reaction to the employee’s behavior.” - U.S. at -, 103 S.Ct. at 1690, 75 L.Ed.2d at 720.

In this case, Renfroe’s “speech” is conceded to have been personal in nature with the single exception of a claim that her objection to job sharing was motivated in part by concern for the welfare of the students. This concern was raised neither in her initial discussion with the Superintendent nor in her written grievance. It was not until the oral presentation of her grievance to the Board that plaintiff mentioned the welfare of the students as a consideration.

Under such circumstances, plaintiff’s reference to the students’ welfare during her oral. presentation to the Board is not sufficient to bring her grievance within the rubric of matters of “public concern.” The Supreme Court has recognized that the question of whether an employee’s speech addresses a matter of public concern must be answered in light of “the content, form, and context of a given statement, as revealed by the whole record.” See Connick, - U.S. at -, 103 S.Ct. at 1690, 75 L.Ed.2d at 720. The district court was correct in entering a judgment for defendants on the ground that there was no violation of plaintiff’s federal rights.

AFFIRMED.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Morgan v. Ford, 6 F.3d 750 (11th Cir. 1993)
    …tered around her private matters, not matters of social interest. As an employee grievance, Morgan’s speech was not a matter of public concern. See Connick, 461 U.S. at 146-47, 103 S.Ct. at 1690; Ferrara, 781 F. 2d at 1512; Renfroe v. Kirkpatrick, 722 F. 2d 714, 715 (11th Cir.), cert. denied, 469 U.S. 823, 105 S.Ct. 98, 83 L.Ed.2d 44 (1984). That Morgan spoke on behalf of Sheila Parrish regarding Ford’s harassing behavior does not change the outcome. An employee’s speech will rarely be entirely private o…
  • Ferrara v. Mills, 781 F.2d 1508 (11th Cir. 1986)
    …t an end. With that circumstance present, we need not proceed to determine whether the employee’s speech was a substantial or motivating factor in the adverse employment decision.4 Connick, 461 U.S. at 146, 103 S.Ct. at 1689; Renfroe v. Kirkpatrick, 722 F. 2d 714, 715 (11th Cir.1984); Ballard, 581 F.Supp. at 162. If, however, the employee’s speech is determined to relate to a matter of public concern and to have been a substantial or motivating factor in the adverse employment decision, the inquiry focuses…
  • Cheryll Gray v. Lacke, 885 F.2d 399 (7th Cir. 1989)
    …newspaper article, or else this claim is barred by the statute of limitations. . The filing of grievances, which form the basis of Gray’s petition-clause claims, could also be protected by her right to freedom of speech. See Renfroe v. Kirkpatrick, 722 F. 2d 714, 715 (11th Cir.) (referring to the filing of a grievance as speech and applying a speech analysis), cert. denied, 469 U.S. 823, 105 S.Ct. 98, 83 L.Ed.2d 44 (1984). However, since the analysis for an alleged petition-clause deprivation is identical t…

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