Dodge v. Evergreen School District #114

Eric Dodge (plaintiff), a science teacher at a public middle school in Evergreen School District #114 (the school district) (defendant), attended a two-day, teacher-only training on cultural sensitivity and racial bias. On the first day, Dodge wore a red baseball hat bearing the words “Make America Great Again” (MAGA). He removed the hat once inside and placed it beside him during the training. The presenter and several teachers complained to Dodge’s supervisor, Principal Caroline Garrett (defendant), that the hat made them feel intimidated or threatened. Garrett told Dodge the hat distressed some people who viewed it as a symbol of hate and bigotry and advised him to use better judgment. The next day, Dodge again wore the hat, removed it inside, and placed it nearby. After lunch, he left the hat in his vehicle. When the training ended, Dodge approached Garrett about teaching other subjects. Dodge alleged that Garrett responded, “What is the fucking deal with your hat?” and called him a racist, homophobe, and bigot. Dodge claimed Garrett told him not to wear the hat and warned that if he did again, he had better bring his union representative because she would bring hers. Dodge reported Garrett’s conduct to the school district, which asked Garrett to resign or face discipline. Dodge then sued Garrett, the school district, and a human-resources representative (defendant) in federal district court. Dodge claimed Garrett violated 42 U.S.C. § 1983 by retaliating against him for engaging in speech protected by the First Amendment, and that the school district ratified the violation. The district court granted summary judgment to all defendants, dismissing Dodge’s claims. Dodge appealed.