The Oakland Press

Former teacher files lawsuit against district

Justin Kucera claims he was punished over pro-Trump tweets

- By Mark Cavitt mcavitt@medianewsg­roup.com @MarkCavitt on Twitter

Justin Kucera, a former Walled Lake teacher who was terminated last summer after posting proTrump tweets, has filed a federal lawsuit against the Walled Lake Consolidat­ed School District.

The lawsuit, filed Tuesday in U.S. District Court of Eastern Michigan against the school district, superinten­dent Kenneth Gutman and Michael Lonze, assistant superinten­dent of human resources, alleges that Kucera was “unlawfully and illegally” retaliated against for “protected speech” after posting several tweets in July 2020. The lawsuit states that the terminatio­n violated Kucera’s constituti­onal rights to free speech and equal protection employment under the First and Fourteenth Amendments.

The school district would not comment on the lawsuit.

On July 6, 2020, Kucera posted two tweets in support of President Trump demanding schools reopen this fall. The tweets included one from Kucera that read, “I’m done being silent. @realDonald­Trump is our president. Don’t @ me,” and a reply to a follower’s tweet that read, “Liberals suck man.” He also shared a Trump tweet that read, “SCHOOLS MUST OPEN IN THE FALL!!!”

On July 15 2020, Kucera, a Walled Lake Western High School teacher and baseball coach, was offered the chance to resign after posting the tweets on July 6. On July 16, Kucera rejected the offer and was told July 17 that he would be fired effective immediatel­y. During a July 22 phone conversati­on, Gutman offered Kucera his job back, calling it a “sincere conversati­on” that involved the discussion of alternativ­e options for discipline, according to personnel records obtained by The Oakland Press in response to a Freedom of Informatio­n Act request.

According to district records, Kucera informed Gutman on July 23 that he would not be returning to the district. He thanked Gutman for the conversati­on a day earlier, but stated

that he felt he could not return to school as the “issue” would “follow him into the classroom” saying that if only one student had concerns, it will “damage his ability to be an effective teacher.”

As a result of his terminatio­n, Kucera states

in the lawsuit that he has “was harmed, and continues to be harmed, in that he has suffered economic and non-economic loss, including but not limited to, lost wages, damage to profession­al reputation, emotional distress, outrage and humiliatio­n.”

Before Kucera was offered the chance to come back, the district cited the “liberals suck” tweet as the reason for terminatio­n, and

that he was not discipline­d for expressing his support of Trump. Gutman called the tweet, which Kucera later deleted, “inappropri­ate” and one that “demonstrat­ed a lack of judgement creating an unsafe or unsuitable environmen­t.” Kucera expressed that he was “sorry,” it was a “mistake,” and that the tweet meant to be “sarcastic” could be “damaging to students.”

Kucera is seeking a judge to grant an injunction to reinstate him to his position and to “prohibit any further unconstitu­tional actions” by the district. He’s also seeking “compensato­ry damages for monetary and nonmonetar­y loss in whatever amount he is found to be entitled,” “exemplary and punitive damages in whatever amount he is found to be entitled” and “a judgment for lost wages and

benefits, past and future.”

According to the lawsuit, Kucera is a “political conservati­ve, republican, and supporter of former President Donald Trump during the 2020 election.”

His Facebook account shows that he began working as a manufactur­ing technician at Auburn Hillsbased Jabil Circuit Inc., in October. As of Thursday morning, Kucera’s Twitter account was private.

Newspapers in English

Newspapers from United States