Facts

Plaintiff Patricia McAllister worked as an at-will substitute teacher at Los Angeles Unified School District. In October 2011, Plaintiff attended an "Occupy Los Angeles" gathering during which she was interviewed. In her interview, Plaintiff stated that, "I think that the Zionist Jews who are running these big banks and our Federal Reserve, which are not run by the federal government, they need to be run out of this country."

She also identified herself as an employee of LAUSD. Her interview was widely reported across the nation. On Oct. 18, 2011, LAUSD provided Plaintiff with a Notice of Separation from Employment.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she was wrongfully terminated in retaliation for her exercise of free speech (i.e., for her anti-Semitic remarks). She alleged violations of the California Constitution, Article I, section 2(a), 42 U.S.C. section 1983, breach of implied contract and covenant of good faith and fair dealing and negligent infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
In their demurrer for the First Amended complaint, defendants LAUSD and Superintendent John Deasy asserted various defenses. Defendant claimed public entities like the LAUSD are not subject to tort claims such as wrongful termination claims. Moreover, Defendant contended only employers and not individual employees can be held liable for such tort. Defendants argued the claim for negligent infliction of emotional distress was not only barred under California Government Code section 815, but also preempted by the Workers' Compensation Act. Defendants argued there is no private right of action under California Constitution, Article I, section 2(a). Defendants claimed LAUSD, as an arm of the State and its employees are not subject to a claim under section 1983. Plaintiff's claims for breach of contract and covenant fail as a matter of law. Defendants argued that, as a public employee, Plaintiff's employment was governed by statute, not by contract. The Court sustained the demurrer without leave to amend.

Damages

Plaintiff claimed over $25 million in damages.

Result

Defense.

Other Information

FILING DATE: May 15, 2012.