Discrimination: Defense of Public Employees

Discrimination: Defense of Public Employees

Steve Hamilton and Holly Agajanian defended public education employees in a federal civil rights action brought on behalf of a child who was allegedly molested by a school teacher.  The plaintiff argued that the teacher’s license should not have been renewed based on prior allegations of sexual misconduct against the teacher.    Mr. Hamilton and Ms. Agajanian were able to obtain summary judgment by showing that the defendants did not have the requisite discriminatory intent to violate the plaintiff’s rights, and that, at the time of renewal of the teacher’s license, the plaintiff did not have a clearly established right to protection by a state licensing official from injury by a state-licensed teacher based on deficiency or license-related investigation.  B.T. v. Davis, 557 F.Supp.2d 1262 (D.N.M 2007).