[DOWNLOAD] "Thomas F. Hale and Margaret S. Hale V." by Court of Appeals of Idaho No. 14927 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Thomas F. Hale and Margaret S. Hale V.
- Author : Court of Appeals of Idaho No. 14927
- Release Date : January 28, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
THIS OPINION IS SUBSTITUTED. Thomas and Margaret Hale sought equitable relief and damages against officials of Idaho State University (ISU) under 42 U.S.C. § 1983 after Thomas Hale's employment as a teacher was terminated. The Hales claimed that he had been fired for exercising his constitutional right of freedom of speech and association. After a trial, the jury found Robert Edington (Dean of the College of Liberal Arts) and ISU Assistant Vice President Walsh had deprived Hale of his first amendment rights of free speech and association. The Hales were awarded $100,000 in compensatory damages. Hale then moved for reinstatement at ISU and for an award of attorney fees under 42 U.S.C. § 1988. The district court declined to grant either remedy. Likewise, the district court denied motions by defendants Walsh and Edington for a judgment notwithstanding the verdict (n.o.v.) or for a new trial. Walsh and Edington appeal, contending that the court erred in denying these motions. They ask this Court to decide whether the jury instruction, defining constitutionally protected speech, was a correct interpretation of the law. Second, appellants question whether substantial and competent evidence supports the jury's verdict. By cross-appeal, Hale raises three more issues: whether the court erred in granting a motion for a directed verdict in favor of ISU President Coulter at the close of the evidence; whether Hale was entitled by federal law to reinstatement at ISU; and whether he was entitled to an award of attorney fees under 42 U.S.C. § 1988.