mt
healthy
city
board
ed
doyle
argued
november
decided
january
respondent
untenured
teacher
previously
involved
altercation
another
teacher
argument
school
cafeteria
employees
incident
swore
students
incident
made
obscene
gestures
girl
students
conveyed
telephone
call
radio
station
substance
memorandum
relating
teacher
dress
appearance
school
principal
circulated
various
teachers
radio
station
announced
adoption
dress
code
news
item
thereafter
petitioner
school
board
adopting
recommendation
superintendent
advised
respondent
rehired
cited
lack
tact
handling
professional
matters
specific
mention
radio
station
incidents
respondent
brought
action
petitioner
reinstatement
damages
claiming
petitioner
refusal
rehire
violated
rights
first
fourteenth
amendments
although
respondent
asserted
jurisdiction
district
rested
jurisdiction
district
found
incidents
involving
respondent
occurred
concluded
telephone
call
clearly
protected
first
amendment
played
substantial
part
petitioner
decision
rehire
respondent
entitled
reinstatement
backpay
appeals
affirmed
petitioner
addition
attacking
district
jurisdiction
ground
jurisdictional
requirement
provision
satisfied
case
raised
additional
jurisdictional
issue
granted
certiorari
petitioner
filed
reply
brief
claiming
respondent
substantive
constitutional
claim
arises
petitioner
school
board
person
purposes
liability
may
imposed
federal
jurisdiction
rests
jurisdiction
grounded
held
respondent
complaint
sufficiently
pleaded
jurisdiction
though
amount
controversy
thereunder
must
exceed
even
district
chosen
award
compensatory
damages
far
legal
certainty
time
suit
respondent
entitled
amount
paul
indemnity
red
cab
pp
petitioner
making
belated
contention
concerning
failed
preserve
issue
whether
complaint
stated
claim
upon
relief
granted
question
involved
jurisdictional
sort
raises
motion
assumed
without
deciding
respondent
sue
without
regard
limitations
imposed
pp
since
ohio
law
state
include
political
subdivisions
category
including
school
districts
record
shows
local
school
board
like
petitioner
like
county
city
arm
state
petitioner
immune
suit
eleventh
amendment
pp
respondent
constitutional
claims
defeated
tenure
perry
sindermann
pp
conduct
protected
first
fourteenth
amendments
played
substantial
part
decision
rehire
respondent
necessarily
amount
constitutional
violation
justifying
remedial
action
proper
test
one
protects
invasion
constitutional
rights
without
commanding
undesirable
consequences
necessary
assurance
rights
since
respondent
satisfied
burden
showing
conduct
constitutionally
protected
motivating
factor
petitioner
decision
rehire
district
gone
determine
whether
petitioner
shown
preponderance
evidence
reached
decision
even
absence
protected
conduct
pp
rehnquist
delivered
opinion
unanimous
philip
olinger
argued
cause
filed
briefs
petitioner
michael
gottesman
argued
cause
respondent
brief
robert
weinberg
david
rubin
eugene
green
dennis
haines
anthony
sgambatti
ii
barry
laine
justice
rehnquist
delivered
opinion
respondent
doyle
sued
petitioner
mt
healthy
board
education
district
southern
district
ohio
doyle
claimed
board
refusal
renew
contract
violated
rights
first
fourteenth
amendments
constitution
bench
trial
district
held
doyle
entitled
reinstatement
backpay
appeals
sixth
circuit
affirmed
judgment
granted
board
petition
certiorari
consider
admixture
jurisdictional
constitutional
claims
although
respondent
complaint
asserted
jurisdiction
district
rested
jurisdiction
petitioner
first
jurisdictional
contention
little
difficulty
disposing
asserts
amount
controversy
required
section
satisfied
case
leading
case
point
paul
indemnity
red
cab
stated
test
sum
claimed
plaintiff
controls
claim
apparently
made
good
faith
must
appear
legal
certainty
claim
really
less
jurisdictional
amount
justify
dismissal
inability
plaintiff
recover
amount
adequate
give
jurisdiction
show
bad
faith
oust
jurisdiction
footnotes
omitted
ii
board
filed
document
entitled
supplemental
authorities
raises
quite
different
jurisdictional
issue
presented
petition
certiorari
disposed
preceding
section
opinion
relying
district
opinion
weathers
west
yuma
county
school
supp
board
contends
even
though
doyle
may
met
jurisdictional
amount
requirement
may
subjected
liability
case
doyle
substantive
constitutional
claim
arises
person
purposes
board
reasons
liability
may
imposed
federal
jurisdiction
grounded
jurisdiction
grounded
district
avoided
issue
reciting
stated
conclusion
possible
problem
case
since
seems
case
properly
case
well
one
app
pet
cert
reference
decisions
monroe
pape
city
kenosha
bruno
held
municipal
corporation
suable
person
raises
question
whether
petitioner
board
case
sufficiently
like
municipal
corporations
cases
excluded
liability
quoted
statement
district
makes
clear
view
jurisdictional
basis
action
limitations
contained
apply
board
argues
contrary
since
congress
expressly
created
remedy
relating
violations
constitutional
rights
color
state
law
one
seeks
recover
violations
bound
limitations
contained
whatever
jurisdictional
section
invokes
question
whether
board
arguments
prevail
whether
respondent
urged
oral
argument
analogy
decision
bivens
six
unknown
fed
narcotics
agents
imply
cause
action
directly
fourteenth
amendment
subject
limitations
contained
one
never
decided
counsel
respondent
oral
argument
suggested
extremely
important
question
one
decided
record
agree
respondent
board
raised
question
first
time
document
filed
reply
brief
truth
contention
district
lacked
jurisdiction
obliged
consider
even
obliged
inquire
sua
sponte
whenever
doubt
arises
existence
federal
jurisdiction
liberty
mutual
ins
wetzel
louisville
nashville
mottley
action
brought
special
jurisdictional
provision
requires
amount
controversy
appropriate
inquire
jurisdictional
purposes
whether
statutory
action
fact
alleged
city
kenosha
bruno
supra
however
action
brought
catchall
provision
requiring
excess
controversy
jurisdiction
sufficiently
established
allegation
claim
constitution
federal
statutes
unless
clearly
appears
immaterial
made
solely
purpose
obtaining
jurisdiction
bell
hood
utilities
northwestern
pub
serv
respondent
alleged
board
violated
rights
first
fourteenth
amendments
claimed
jurisdictionally
necessary
amount
damages
claim
board
person
even
assuming
correctness
board
argument
action
limited
restrictions
patently
without
merit
fail
test
bell
hood
supra
therefore
question
whether
respondent
stated
claim
relief
jurisdictional
sort
raises
motion
related
question
whether
school
district
person
purposes
likewise
us
leave
questions
another
day
assume
without
deciding
respondent
sue
without
regard
limitations
imposed
iii
district
found
unnecessary
decide
whether
board
entitled
immunity
suit
federal
courts
eleventh
amendment
decided
immunity
waived
ohio
statute
decisional
law
view
treatment
waiver
state
eleventh
amendment
immunity
suit
ford
motor
dept
treasury
less
sure
district
ohio
consented
suit
entities
board
federal
courts
prefer
address
instead
question
whether
entity
eleventh
amendment
immunity
first
place
since
conclude
none
unnecessary
reach
question
waiver
bar
eleventh
amendment
suit
federal
courts
extends
state
officials
appropriate
circumstances
edelman
jordan
ford
motor
dept
treasury
supra
extend
counties
similar
municipal
corporations
see
lincoln
county
luning
moor
county
alameda
issue
thus
turns
whether
mt
healthy
board
education
treated
arm
state
partaking
state
eleventh
amendment
immunity
instead
treated
municipal
corporation
political
subdivision
eleventh
amendment
extend
answer
depends
least
part
upon
nature
entity
created
state
law
ohio
law
state
include
political
subdivisions
political
subdivisions
include
local
school
districts
ohio
rev
code
ann
page
supp
petitioner
one
many
local
school
boards
within
state
ohio
subject
guidance
state
board
education
ohio
rev
code
ann
supp
receives
significant
amount
money
state
ohio
rev
code
ann
supp
local
school
boards
extensive
powers
issue
bonds
ohio
rev
code
ann
levy
taxes
within
certain
restrictions
state
law
ohio
rev
code
ann
supp
balance
record
us
indicates
local
school
board
petitioner
like
county
city
like
arm
state
therefore
hold
entitled
assert
eleventh
amendment
immunity
suit
federal
courts
iv
concluded
respondent
complaint
sufficiently
pleaded
jurisdiction
board
failed
preserve
issue
whether
complaint
stated
claim
upon
relief
granted
board
board
immune
suit
eleventh
amendment
proceed
consider
merits
respondent
claim
first
fourteenth
amendments
doyle
first
employed
board
worked
contracts
first
three
years
contract
elected
president
teachers
association
position
worked
expand
subjects
direct
negotiation
association
board
education
doyle
term
president
association
succeeding
year
served
executive
committee
apparently
tension
relations
board
association
beginning
early
doyle
involved
several
incidents
directly
connected
role
teachers
association
one
instance
engaged
argument
another
teacher
culminated
teacher
slapping
doyle
subsequently
refused
accept
apology
insisted
upon
punishment
teacher
persistence
matter
resulted
suspension
teachers
one
day
followed
walkout
number
teachers
turn
resulted
lifting
suspensions
occasions
doyle
got
argument
employees
school
cafeteria
amount
spaghetti
served
referred
students
connection
disciplinary
complaint
sons
bitches
made
obscene
gesture
two
girls
connection
failure
obey
commands
made
capacity
cafeteria
supervisor
chronologically
last
series
incidents
respondent
involved
employment
board
telephone
call
local
radio
station
board
consideration
incident
found
violation
first
fourteenth
amendments
february
principal
circulated
various
teachers
memorandum
relating
teacher
dress
appearance
apparently
prompted
view
administration
relationship
teacher
appearance
public
support
bond
issues
doyle
response
receipt
memorandum
subject
apparently
understood
settled
joint
action
convey
substance
memorandum
disc
jockey
wsai
cincinnati
radio
station
promptly
announced
adoption
dress
code
news
item
doyle
subsequently
apologized
principal
conceding
made
prior
communication
criticism
school
administration
approximately
one
month
later
superintendent
made
customary
annual
recommendations
board
rehiring
nontenured
teachers
recommended
doyle
rehired
recommendation
made
respect
nine
teachers
district
instances
including
doyle
recommendation
adopted
board
shortly
notified
decision
respondent
requested
statement
reasons
board
actions
received
statement
citing
notable
lack
tact
handling
professional
matters
leaves
much
doubt
sincerity
establishing
good
school
relationships
general
statement
followed
references
radio
station
incident
incident
district
found
incidents
fact
occurred
concluded
respondent
doyle
telephone
call
radio
station
clearly
protected
first
amendment
played
substantial
part
decision
board
renew
doyle
employment
entitled
reinstatement
backpay
app
pet
cert
district
expressly
state
test
applying
determining
incident
question
involved
conduct
protected
first
amendment
simply
held
communication
radio
station
conduct
appeals
affirmed
brief
per
curiam
opinion
doyle
claims
first
fourteenth
amendments
defeated
fact
tenure
even
though
discharged
reason
whatever
constitutional
right
hearing
prior
decision
rehire
board
regents
roth
may
nonetheless
establish
claim
reinstatement
decision
rehire
made
reason
exercise
constitutionally
protected
first
amendment
freedoms
perry
sindermann
question
whether
speech
government
employee
constitutionally
protected
expression
necessarily
entails
striking
balance
interests
teacher
citizen
commenting
upon
matters
public
concern
interest
state
employer
promoting
efficiency
public
services
performs
employees
pickering
board
education
suggestion
board
doyle
violated
established
policy
reaction
communication
radio
station
anything
ad
hoc
response
doyle
action
making
memorandum
public
therefore
accept
district
finding
communication
protected
first
fourteenth
amendments
however
entirely
agreement
manner
reasoning
finding
conclusion
doyle
entitled
reinstatement
backpay
district
made
following
conclusions
aspect
case
reason
exercise
first
amendment
rights
played
substantial
part
decision
renew
even
face
permissible
grounds
decision
may
stand
citations
omitted
reason
play
substantial
part
clear
letter
superintendent
immediately
following
board
decision
stated
two
reasons
one
conversation
radio
station
clearly
protected
first
amendment
may
engage
limitation
first
amendment
rights
based
tact
say
tactfulness
irrelevant
issues
case
app
pet
cert
fact
sees
finds
board
superintendent
faced
situation
exist
fact
reason
independent
first
amendment
rights
exercise
thereof
extend
tenure
rule
causation
focuses
solely
whether
protected
conduct
played
part
substantial
otherwise
decision
rehire
place
employee
better
position
result
exercise
constitutionally
protected
conduct
occupied
done
nothing
difficulty
rule
enunciated
district
require
reinstatement
cases
dramatic
perhaps
abrasive
incident
inevitably
minds
responsible
decision
rehire
indeed
play
part
decision
even
decision
reached
incident
occurred
constitutional
principle
stake
sufficiently
vindicated
employee
placed
worse
position
engaged
conduct
borderline
marginal
candidate
employment
question
resolved
constitutionally
protected
conduct
candidate
able
engaging
conduct
prevent
employer
assessing
performance
record
reaching
decision
rehire
basis
record
simply
protected
conduct
makes
employer
certain
correctness
decision
especially
true
district
observed
case
current
decision
rehire
accord
tenure
consequences
award
tenure
great
moment
employee
employer
significant
us
hold
board
case
precluded
considered
constitutionally
protected
conduct
deciding
rehire
doyle
attempting
prove
trier
fact
quite
apart
conduct
doyle
record
rehired
event
areas
constitutional
law
found
necessary
formulate
test
causation
distinguishes
result
caused
constitutional
violation
one
caused
think
instructive
formulating
test
applied
lyons
oklahoma
held
even
though
first
confession
given
defendant
involuntary
fourteenth
amendment
prevent
state
using
second
confession
obtained
hours
later
coercion
surrounding
first
confession
sufficiently
dissipated
make
second
confession
voluntary
wong
sun
willing
assume
defendant
arrest
unlawful
held
connection
arrest
statement
given
several
days
later
become
attenuated
dissipate
taint
nardone
parker
north
carolina
held
even
though
confession
assumed
involuntary
constitutional
sense
word
guilty
plea
entered
month
later
met
test
voluntariness
plea
parker
relied
quoted
language
nardone
supra
wong
sun
supra
type
causation
taint
cases
turn
may
differ
somewhat
apply
cases
suggest
proper
test
apply
present
context
one
likewise
protects
invasion
constitutional
rights
without
commanding
undesirable
consequences
necessary
assurance
rights
initially
case
burden
properly
placed
upon
respondent
show
conduct
constitutionally
protected
conduct
substantial
factor
put
words
motivating
factor
board
decision
rehire
respondent
carried
burden
however
district
gone
determine
whether
board
shown
preponderance
evidence
reached
decision
respondent
even
absence
protected
conduct
tell
district
opinion
conclusions
opinion
appeals
affirming
judgment
district
conclusion
courts
reached
applied
test
judgment
appeals
therefore
vacated
case
remanded
proceedings
consistent
opinion
ordered
footnotes
assumed
responsibility
notify
radio
station
regards
suggestion
board
education
teachers
establish
appropriate
dress
code
professional
people
raised
much
concern
within
community
also
neighboring
communities
used
obscene
gestures
correct
students
situation
cafeteria
causing
considerable
concern
among
students
present
sincerely
rex
ralph
superintendent
see
arlington
heights
metropolitan
housing
dev
ante