Dirkes v. San Diego Unified School District

Sam Sherman, of TencerSherman LLP, obtained a complete defense decision after a six-day bench trial in Department 72 of the San Diego Superior Court. Plaintiff, a special education teacher, brought an employment suit against the school and the principal on allegations of harassment, discrimination and retaliation that forced her to retire from the elementary school.

Sherman successfully tried the case to close on the grounds that the constitutional claim that the teacher alleged lacked merit under the facts arising at the school. The court held that the principal did not deprive the teacher of her rights of free speech and that the principal was not a fault for the teacher’s resignation from the school.