Justia Education Law Opinion Summaries
Articles Posted in US Court of Appeals for the Seventh Circuit
Ferrill v. Oak Creek-Franklin Joint School District
Ferrill was hired as Edgewood Elementary School's principal for an initial two-year term with an automatic third-year rollover unless the Board of Education opted out. Ferrill is black; the district serves predominantly white suburbs on the southern edge of Milwaukee County. While she was principal, Edgewood's staff had exceedingly low morale. Ferrill had multiple performance complaints. Staff described her as confrontational, inconsistent, and quick to claim racism. The superintendent hired a consultant to improve Ferrill’s performance. The consultant recommended termination. The Board opted out of the rollover, at the superintendent's recommendation. Ferrill found a new job, which the Board treated as a functional resignation. She sued, alleging racial discrimination under Title VII of the Civil Rights Act and 42 U.S.C. 1981, and retaliation under Title VII and the First Amendment. The district judge granted the Board summary judgment on some claims. A jury rejected others after less than 30 minutes of deliberation. The Seventh Circuit affirmed. Ferrill’s shortcomings were well documented and confirmed by an independent consultant, so she did not establish that she was meeting legitimate performance expectations and thus did not establish a prima facie case of discrimination. The retaliation claim failed for lack of evidence connecting the Board’s decision to activity protected by Title VII. View "Ferrill v. Oak Creek-Franklin Joint School District" on Justia Law
United States v. Minney
Officers executed a search warrant at Minney’s apartment. The warrant listed items to be seized: a Panasonic television, a Sony television, a Nintendo Wii, an Xbox 360, and 10 Xbox games. While searching Minney’s bedroom, Detective Vasquez found ammunition in the bedside table. Minney admitted that he was on parole for dealing cocaine. Officers arrested Minney as a felon in possession of ammunition. The search resumed. Vazquez found multiple guns in Minney’s bedroom. Officers recovered most of the electronics, but never found the second television. The court denied a motion to suppress the guns. Minney pled guilty to one count of being a felon in possession. The government dismissed two counts. The Seventh Circuit affirmed the suppression ruling. When executing a search warrant that specifically lists items to be seized, officers are entitled to search anywhere those items are likely to be discovered. Officers may seize the items named in the warrant and any evidence that falls under the plain‐view doctrine. Vazquez was lawfully searching under the warrant; the electronic devices could have reasonably been found in any of the places where Vazquez found Minney’s guns; the guns were in plain view in those places and were immediately incriminating because Minney was on parole for a felony. View "United States v. Minney" on Justia Law