Rebecca Thorpe v. Board of Education of Powell County, Kentucky, et al.Melissa Richardson, Elizabeth Bass, and Zack Turpin obtained summary judgment for their clients, a Board of Education, a Superintendent, and a High School Principal, after a former employee filed a Complaint alleging wrongful termination in violation of the First Amendment, her right to Due Process, and the Kentucky Constitution. While the Plaintiff alleged she was terminated for attending a political rally, Defendants maintained she was terminated due to repeated unexcused absences and multiple instances of insubordination. In granting summary judgment for the Defendants, the Court reasoned that because Plaintiff failed to provide any evidence of a causal link between her attendance at the political rally and her termination, she could not maintain her First Amendment claim. The Court also reasoned that because Plaintiff was a non-tenured employee employed pursuant to a one-year contract, she had no continued property interest in her employment, and could not maintain a Due Process claim. Finally, the Court held that because Kentucky does not recognize the right to recover money damages for a violation of the state’s Constitution, and because Plaintiff did not seek injunctive relief or plead reinstatement as a form of relief, her claims alleging violations of the Kentucky Constitution also failed as a matter of law.
