Recent Development by K. Reasonover
The Garland Independent School District (GISD) instituted regulations restricting certain types of communications between teachers and employee organizations. In response, the teachers' union, Texas State Teachers Association (TSTA), brought suit against GISD under section 1983 of the Civil Rights Act. TSTA alleged primarily that the GISD's restrictions, which prohibited the Association's access to the teachers on the school's campus during school hours, violated the teachers' first and fourteenth amendment rights regarding freedom of speech and association. The district court rejected most of TSTA's claims, but found unconstitutionally vague a rule requiring approval by the principal before teachers could meet on campus after school hours. The court of appeals affirmed in part and reversed in part, holding that rules against teacher-to-teacher discussion of employee organizations unconstitutionally chilled the teachers' first amendment rights. The panel further found that prohibiting the teachers' use of internal mail facilities was unconstitutional. The Supreme Court summarily affirmed, and the Association filed for attorney's fees under the Civil Rights Attorney's Fees Act of 1976 (Attorney's Fees Act). The district court held that the Association was not entitled to attorney's fees as a “prevailing party” within the meaning of the Attorney's Fees Act, because TSTA had not prevailed on the “central issue” by gaining access to teachers on campus during school hours. A divided panel of the court of appeals affirmed the denial of fees. The United States Supreme Court granted certiorari and held that a plaintiff is a prevailing party entitled to an award of attorney's fees if he succeeds on any significant claim, and is afforded some of the relief sought. Texas State Teachers Ass'n v. Garland Indep. School Dist., 109 S. Ct. 1486 (1989).
About the Author
K. Reasonover.
Citation
65 Tul. L. Rev. 203 (1990)