23-CV-1169 Tempel v. School District of Waukesha et al
Decision and Order Denying Plaintiff’s Motion for Summary Judgment and Granting Defendants’ Motion for Summary Judgment
Plaintiff Melissa Tempel, a former first grade teacher at Heyer Elementary School in Waukesha, Wisconsin, sued the School District of Waukesha and Superintendent of Schools Dr. James Sebert for allegedly terminating her employment in retaliation for exercising her First Amendment rights, in violation of 42 U.S.C. § 1983. The case arises out of a “tweet” Tempel made from her personal Twitter account regarding the school’s decision to replace the song “Rainbowland” by Miley Cyrus and Dolly Parton with “Rainbow Connection” for the first graders’ annual spring concert. Tempel was ultimately terminated from her employment at Heyer.
Both parties moved for summary judgment in their favor on the plaintiff’s First Amendment retaliation claim. The court concluded that while Tempel established that she was speaking as a private citizen on a matter of public concern, weighing the factors relevant to Pickering balancing, the District’s interest in workplace efficiency outweighed Tempel’s First Amendment interest in expression. As such, the court concluded that because Tempel had not shown she engaged in constitutionally protected speech, her retaliation claim failed.