8th Cir. Says Custodian Failed to Show Wife's Comments Led to His Reassignment

Nov. 28 - A school custodian in Minnesota who is allergic to bee stings and alleged that he was reassigned to potentially life threatening outdoor work because of his wife's statements during a school board meeting lacks First Amendment retaliation and marital status bias claims, the U.S. Court of Appeals for the Eighth Circuit ruled Nov. 28. Affirming summary judgment to Independent School District No. 743 and two officials, the Eighth Circuit found that Timothy Skalsky failed to show that his wife's budgetary suggestion, which including having the board share a superintendent and eliminate a principal, was a substantial or motivating factor in the district's decision to reassign him, as required under the Civil Rights Act of 1871 .



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