Anton Jungherr v. San Francisco U.S.D. Board of Education, and Myra Kopf, Former President of the Board

On October 7, 1986, Myra Kopf (“Kopf”), as President of the Board of Education of the San Francisco Unified School District (“Board”), filed a defamation action against Appellant Anton Jungherr (“Jungherr”) in California Superior Court. That action arose out of statements Jungherr made at a public meeting of the Board about Kopf’s handling of board business. Jungherr was granted a motion for summary judgment on March 4, 1987.

On September 13,1988, Jungherr filed an action in the United States District Court under 42 U.S.C. Section 1983 , against the Board and Kopf, for acts performed pursuant to her authority as Board President. Jungherr’s complaint alleged that 1) Kopf acted under authority of her office as president of the board in bringing a defamation action against Jungherr; 2) Jungherr made statements at a public meeting regarding Kopf’s handling of certain board business; and 3) filing the defamation action deprived Jungherr of his first amendment right to freedom of speech and his fourteenth amendment right to equal protection. Jungherr claimed that as a result of Kopf’s official acts, he incurred and should recover for attorney’s fees in the sum of $28,-371.25 and…