This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Constitutional Law
First Amendment
Wrongful Termination

Dustin Watson v. Sacramento City Unified School District

Published: Dec. 16, 2022 | Result Date: Oct. 12, 2022 | Filing Date: Apr. 8, 2022 |

Case number: 2:22-cv-00679 Bench Decision –  Defense

Judge

Kimberly J. Mueller

Court

USDC Eastern District of California


Attorneys

Plaintiff

Jacob N. Whitehead
(Whitehead Employment Law)


Defendant

Richard S. Linkert
(Matheny, Sears, Linkert & Jaime LLP)

Madison M. Simmons
(Matheny, Sears, Linkert & Jaime LLP)


Facts

Dustin Watson was employed as a physical education teacher at New Technology High School by Sacramento City Unified School District. On January 6, 2021, Watson was in Washington, D.C. to attend the rally that preceded the insurrection and attack on the U.S. Capitol building, and he posted to social media about attending the rally.

In March 2021, Sacramento City Unified mailed Watson a letter of non-reelect and placed Watson on administrative leave until the end of the school year when his employment terminated.

In 2022, Watson sued Sacramento City Unified School District.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the defendant fired him for attending and posting on social media about attending a political event; that while he did attend the rally, he did not participate in the ensuing riot nor enter the Capitol building; that firing for theses acts was a violation of his First Amendment rights; and that he was entitled to back pay, lost benefits, and emotional damages.

DEFENDANT'S CONTENTIONS: Defendant denied any wrongdoing or liability. Moreover, the defendant contended that, as a California state agency, it was shielded from any liability by sovereign immunity.

Result

Defendant's motion to dismiss was granted without leave to amend.


#139916

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390