U.S. District Court Judge Sean Cox will issue a written opinion regarding a motion to dismiss a lawsuit brought by former Brandon Schools employee June Wuopio against the school district.
Cox asked very few questions during a July 9 hearing on the matter, said Sarah Prescott, an attorney for plaintiff Wuopio. Prescott expects a decision within two to four weeks, although it could be up to a year.
The motion to dismiss was filed in a 25-page document in March by attorney Daniel J. Kelly, representing the Brandon Board of Education, aka Brandon School District, and Superintendent Tom Miller, along with Marian Horowitz, current Boardmember Beth Nuccio and former Boardmembers Ken Quisenberry and Gina Muzzarelli. In the document, Kelly argues that the facts and law do not support Wuopio’s contention that the defendants violated her constitutional rights of freedom of speech and procedural due process.
Wuopio, formerly a 25-year employee of the district, filed the lawsuit Feb. 21, 2008, claiming that harassment against her began after she voluntarily took part in a community-based committee to evaluate two superintendent candidates. Wuopio was in favor of a candidate who was not hired and her personal views, stated during a special meeting in February 2005, were not welcomed.
The motion for dismissal, however, notes that numerous employees that also spoke in favor of hiring the other candidate were not retaliated against, while other candidates who said nothing still had their positions eliminated or restructured like Wuopio.
The motion goes on to argue that Wuopio had numerous pre-termination hearings and thus was not denied due process of law, nor was she denied access to her personnel files? negating a violation of the Bullard Plawecki Employee Right to Know Act. It is also noted that Wuopio ultimately resigned and was not terminated by any of the defendants.
Prescott says the school board is arguing they should be immune from a lawsuit and for reasons the case shouldn’t go to trial, rather than admitting or denying wrongdoing.
Prescott said if the motion is denied, the next phase is trial, which she expects would commence in July or August. She declined to comment on the amount of damages Wuopio is seeking, but said it would include punitive damages and attorney’s fees.