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Tuesday, September 19, 2006

Ind. Decisions - A 7th Circuit opinion, albeit not from Indiana

Normally the ILB only covers 7th Circuit opinions that originated with Indiana cases. However, a case today picked up by How Appealing is not to be missed, at least in-so-far as the first paragraph is concerned. The case is Martha Louis Piggee v. Carl Sandberg Collge, and the opinion by Judge Wood begins:

In September 2002, Martha Louise Piggee, who was then a part-time instructor of cosmetology at Carl Sandburg College, gave a gay student two religious pamphlets on the sinfulness of homosexuality. The student was offended and complained to college officials. After the college looked into the matter, it found that Piggee had sexually harassed the student. It admonished her in a letter to cease such behavior, and the following semester it chose not to retain her. Piggee sued the college, the members of its board of trustees, and various college administrators (including one person who directed the mortuary science program, whose offense was to clean out Piggee’s refrigerator and throw away her noodles at some point during the spring of 2003) under 42 U.S.C. § 1983. She asserted, among other things, that the measures the college took violated her due process rights, her rights under the Free Exercise, Equal Protection, and Free Speech clauses of the Constitution, and that the college’s sexual harassment policy was constitutionally infirm. Noting that none of the facts was seriously in dispute, the district court entered summary judgment for the defendants. We affirm.

Posted by Marcia Oddi on September 19, 2006 12:47 PM
Posted to Ind. (7th Cir.) Decisions