FEDERAL JUDGE APOLOGIZES TO FORMER POLK PRINCIPAL AND SCOLDS SCHOOL BOARD DEFENSE

Former Kathleen High School principal Mike D'Angelo filed a $7.7 million dollar lawsuit against the Polk County School Board after he says he was fired for exploring the possibility of converting Kathleen into a charter school. He also claimed that his rights to due process were violated.

The litigation made it to Federal District Judge Richard A. Lazzara in Tampa earlier this month, who dismissed the case but apologized to D'Angelo for having to do so and scolded the defense.

The Lakeland Ledger reported in today's edition that transcripts show Lazzara saying the former principal was treated badly.

"You can't be a principal of a school like that and not make some people unhappy. And I'm sure there was some dissension. But to pull the rug out on him, especially after he receives an outstanding evaluation, in my mind is unconscionable, and you can tell the School Board that for me..."

"You know, I've always been taught that for every wrong there's a remedy. Well, there was a remedy here, which turned out to be hollow. So I say to you, Mr. D'Angelo and Mrs. D'Angelo, I think this is the first time I've ever done this -- I apologize to you. I don't like making this decision, but the law compels it."

The judge said he had to make the ruling to dismiss based on a recent 5-4 U.S. Supreme Court decision, Garcetti -vs- Ceballos, which effectively says that employee speech pursuant to duties is not necessairly considered free speech guaranteed under the First Amendment. That decision especially makes it more difficult for whistleblowers to seek legal protection under the Constitution.

Because the Garcetti case was decided May 30, this could become a test case, as D'Angelo and his counsel have reportedly filed a notice of appeal with the 11th Circuit Court of Appeals in Atlanta.