Facts

Plaintiff Yolanda Cerillo was working for defendant West Park Elementary School District during her probationary first six months when, during her fourth month in October 2007, she received a jury summons. She became a juror and was on a case that received significant press coverage in the Fresno area. After her service completion, and before her probationary period closed, she was terminated from employment. She sued the Ddistrict, her school's principal, and the superintendent, claiming her termination was wrongful.

PLAINTIFF'S CONTENTIONS:
Cerillo claimed that the District had violated her right to engage in free speech on a matter of public concern pursuant to 42 USC 1983 and for taking time off from work to serve on a jury pursuant to Labor Code 230 and Education Code 44037.

DEFENDANT'S CONTENTIONS:
The district claimed that Cerillo was terminated for performance reasons, as evidenced by complaints made against her before her jury summons. Dissatisfaction with her job performance was the reason she was released.

Damages

Cerillo claimed emotional distress against all the defendants, and punitive damages against the principal and superintendent for $1 million each. Cerillo claimed lost wages, past and future, of $62,000, damages to her reputation, and $2 million in emotional distress. Cerillo also sought compensatory damages, penalties under the Labor Code, injunctive relief, and attorney fees and costs.

Result

The court granted the District's summary judgment motion on her 42 USC 1983 claim. The remaining claims were remanded, where Cerillo agreed to dismiss them with prejudice.