A federal judge denied a request on Oct. 6 to dismiss a discrimination lawsuit by three former African American school administrators against the Middletown School District in New York.
The district’s attorney Howard Miller argued that the job reassignments or terminations of the three plaintiffs were based on legitimate, objective reasons—not driven by racial bias or retaliation against protected speech.
He also argued that the plaintiffs’ speeches at board meetings addressed personal matters rather than matters of public concern, and so were not protected.
The plaintiffs’ attorney Mike Sussman argued to the contrary, saying that Miller brought up new facts in the dismissal request, which should lead to more fact-finding instead of a premature judgment….