Fountain v. Brookland Indep Sch, et al

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 16, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-40041
Summary Calendar
_____________________
ELLEN FOUNTAIN,
Plaintiff-Appellant,
versus
BROOKLAND INDEPENDENT SCHOOL DISTRICT;
JOHN LYNCH,
Defendants-Appellees.
__________________________________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CV-488
__________________________________________________
Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for these reasons:
1. An at-will employee has no property right to employment. The school district did
provide a procedure for Fountain to complain of her termination, but she chose not
to file a grievance. There was no due process violation.

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2. There was no allegation or evidence of any custom or policy of the school district
that violated federal law.
3. Fountain was terminated before her speech to the board, and her speech was
stopped because she was discussing that termination. Her telling Lynch of her
intention to speak to the Board was procedural and unrelated to public concern by
her own admission. There was no free speech deprivation. And no legal claim is
raised by the evidence against Lynch.
4. Plaintiff’s motion to withdraw admissions, filed over four months after failure to
make timely denial and after discovery was completed, was permissibly denied by
the court.
AFFIRMED.

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