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Employment Law
Wrongful Termination
42 USC Section 1983, Retaliation for Exercise of Free Speech Rights as a Teachers' Union Rep

Clifford R. Moseley v. Pasadena Unified School District

Published: May 16, 2009 | Result Date: Feb. 10, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 04CV01973(RSWL) Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Gloria Dredd Haney


Defendant

J. Peter Peter Fiske


Facts

Clifford Moseley worked as a teacher at McKinley Middle School. After receiving a below-average evaluation, the school terminated his employment. As a result, he sued the Pasadena Unified School District and several school officials for retaliation.

Contentions

PLAINTIFF'S CONTENTIONS:
Moseley claimed that the school fired him because he complained about the unlawful treatment of female teachers over the age of 40 and his denial of military benefits. Further, he claimed that the school gave him a poor evaluation to justify the termination of his employment.

DEFENDANT'S CONTENTIONS:
The defense argued that the school fired Moseley due to his poor performance, lack of judgment, and skills.

Result

The jury found in favor of the defense.

Other Information

According to plaintiff's counsel, this case was previously dismissed on the defendant's motion for summary judgment. On April 9, 2008, the Ninth Circuit reversed and remanded. Mosely is appealing the jury verdict. FILING DATE: March 23, 2004.

Deliberation

3.5 hours

Poll

8-0

Length

6.5 days


#85754

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