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Darren Griego and Marina Lopez v. Board of Education of the Penasco Independent School District
Date: 11-18-2024
Case Number: A-1-CA-41314
Judge: Emilio Chavez
Court: District Court, Taos County, New Mexico
Plaintiff's Attorney:
Click Here For The Best Taos Employment Law Lawyer Directory
Defendant's Attorney: Martin R. Esquivel
Description:
Taos, New Mexico employment law lawyer represented the Plaintiffs who sue on civil rights violation theories.
A jury held Defendant liable for its actions against two former employees after they voiced concerns with the conduct of a newly-hired superintendent.
In Wills, the New Mexico Supreme Court distinguished "whistleblowing that benefits the public by exposing unlawful and improper actions by government employees from communications regarding personal personnel grievances that primarily benefit the individual employee," and this Court concluded that "[o]nly the former is protected by whistleblower protection laws." 2015-NMCA-105, ¶ 20. In this case, both of the communications at issue were focused on the impact of the superintendent's conduct on the staff and students of the school district. [1 RP 221-22, 2 RP 348] In his email correspondence to the board, Plaintiff Griego made numerous references to the school community as the impetus for his communication, including the following: "professional conversations with district personnel," "[c]oncern for our students, personnel, and for the district's future," "the overall [e]ffect (anger and sadness) of many staff," "negative impact on our students," "the common message . . . from staff," "[c]oncerns expressed to me by staff," "I feel compelled to be the voice of many staff," and a request to "consider organizing opportunities for which district personnel can come forward without fear." [1 RP 221-222] Plaintiff Lopez similarly referenced "staff morale" and that "[d]ecisions made have to be made to suit an entire district" in her letter to the school board. [2 RP 348] Viewing this evidence in the light most favorable to Plaintiffs-in addition to that already referenced in our calendar notice-and resolving all conflicts and making all permissible inferences in favor of the jury's verdict, the evidence suffices to establish that the communications were not "personal personnel grievances that primarily benefit[ted] the individual employee." Wills, 2015-NMCA-105, ¶ 20.
Griego v. Bd. of Educ., A-1-CA-41314 (N.M. App. Nov 18, 2024)
A jury held Defendant liable for its actions against two former employees after they voiced concerns with the conduct of a newly-hired superintendent.
In Wills, the New Mexico Supreme Court distinguished "whistleblowing that benefits the public by exposing unlawful and improper actions by government employees from communications regarding personal personnel grievances that primarily benefit the individual employee," and this Court concluded that "[o]nly the former is protected by whistleblower protection laws." 2015-NMCA-105, ¶ 20. In this case, both of the communications at issue were focused on the impact of the superintendent's conduct on the staff and students of the school district. [1 RP 221-22, 2 RP 348] In his email correspondence to the board, Plaintiff Griego made numerous references to the school community as the impetus for his communication, including the following: "professional conversations with district personnel," "[c]oncern for our students, personnel, and for the district's future," "the overall [e]ffect (anger and sadness) of many staff," "negative impact on our students," "the common message . . . from staff," "[c]oncerns expressed to me by staff," "I feel compelled to be the voice of many staff," and a request to "consider organizing opportunities for which district personnel can come forward without fear." [1 RP 221-222] Plaintiff Lopez similarly referenced "staff morale" and that "[d]ecisions made have to be made to suit an entire district" in her letter to the school board. [2 RP 348] Viewing this evidence in the light most favorable to Plaintiffs-in addition to that already referenced in our calendar notice-and resolving all conflicts and making all permissible inferences in favor of the jury's verdict, the evidence suffices to establish that the communications were not "personal personnel grievances that primarily benefit[ted] the individual employee." Wills, 2015-NMCA-105, ¶ 20.
Griego v. Bd. of Educ., A-1-CA-41314 (N.M. App. Nov 18, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Darren Griego and Marina Lopez v. Board of Education of t...?
The outcome was: Affirmed
Which court heard Darren Griego and Marina Lopez v. Board of Education of t...?
This case was heard in District Court, Taos County, New Mexico, NM. The presiding judge was Emilio Chavez.
Who were the attorneys in Darren Griego and Marina Lopez v. Board of Education of t...?
Plaintiff's attorney: Click Here For The Best Taos Employment Law Lawyer Directory. Defendant's attorney: Martin R. Esquivel.
When was Darren Griego and Marina Lopez v. Board of Education of t... decided?
This case was decided on November 18, 2024.