Lawrence S. Wagle v. H. Max Murray, as Principal of the R. A. Long High School

Appellant brought this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983 , against the principal of R. A. Long High School, Longview, Washington, the superintendent and members of the board of directors of the Longview School District, and the school district itself. He alleged that appellees terminated his employment as a history teacher at the high school because of his exercise of his First Amendment right of free speech, and in violation of his Fourteenth Amendment right to procedural due process. He sought reinstatement, back pay, damages, attorneys’ fees, and costs.

The jury awarded appellant $50,000. The district court granted appellees’ motions for judgment notwithstanding the verdict on the grounds that (1) appellant failed to exhaust his administrative remedies and (2) there was no evidence that appellant was terminated for exercising his First Amendment rights or that appellees acted in bad faith. The district court also denied appellant’s motion for equitable relief. This appeal followed.

Four issues are raised: (1) whether appellant’s claim is barred because he failed to exhaust administrative remedies; (2) whether the jury’s verdict lacked support in the…