Butherus

MEMORANDUM **

William Butherus and his wife, Jeanette Butherus, challenge the district court’s decision to grant summary judgment in favor of the Bremerton School District and various school officials. Mr. Butherus, a teacher at Bremerton Junior High School, claims he presented a prima facie case for age discrimination, religious discrimination, First Amendment violations, negligent retention, and intentional infliction of emotional distress. We reject Mr. Butherus’ claims. The record does not contain sufficient evidence to establish a prima facie case for any of his allegations.

We also reject Mr. Butherus’ contention that the school officials are not entitled to qualified immunity. Under Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), state officials are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mr. Butherus has not produced any evidence showing the school officials violated his constitutional rights. The officials are thus entitled to qualified immunity.

The district court also correctly rejected…