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WHITAKER v. WALLACE

No. 97-6227.

170 F.3d 541 (1999)

Phyllis WHITAKER, Plaintiff-Appellant, v. Howard WALLACE, Individually and in his Official Capacity as Superintendent of Magoffin County Schools, and Magoffin County Board of Education, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1999.

Ordered published March 11, 1999.

Attorney(s) appearing for the Case

John C. Collins (briefed), Collins & Allen, Salyersville, KY, for Plaintiff-Appellant.

Michael J. Schmitt (briefed), Wells, Porter, Schmitt & Jones, Paintsville, KY, for Defendants-Appellees.

Before: NELSON, SILER, and DAUGHTREY, Circuit Judges.

DAUGHTREY, Circuit Judge.

This action was brought under 42 U.S.C. § 1983, alleging violation of rights under the First Amendment. The plaintiff, Phyllis Whitaker, is a former administrative employee of the Magoffin County (Kentucky) Board of Education, who was reassigned from her administrative positions to the position of classroom teacher after her husband, Carter Whitaker, resigned as superintendent of schools in 1993. Whitaker alleged that she had been demoted...

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