JACKSON, MI - The Michigan Supreme Court has denied Jackson Public Schools’ application to hear its appeal of a state Court of Appeals ruling that a former teacher suffered retaliation from the district after reporting an assault by a student to police.
The Supreme Court denied JPS’ application Wednesday, April 20, after hearing oral arguments on Jan. 12, noting the court was “not persuaded that the questions presented should be reviewed by this court.”
Michigan’s Court of Appeals ruled unanimously on July 2, 2020, to uphold a Jackson County jury’s March 2018 decision to award former teacher Pennie Davis $388,485 in damages from JPS.
Davis, a former longtime Jackson High School art teacher, reported an assault by a student in October 2015. In a lawsuit against the district, she said JPS violated Michigan’s Whistleblowers’ Protection Act by reassigning her after she reported the assault to Jackson police and obtained a personal protection order.
During oral arguments, Justice Richard Bernstein asked JPS’ counsel what it was ultimately hoping to accomplish in the case after losing at both trial court and Court of Appeals.
“The jury, basically as the factfinder, came back with its own determination that there was retaliation,” Bernstein said. “For all intents and purposes, when you look at the track record here, you lost the trial court, you lost at the Court of Appeals, and now you’re ultimately here.
“The jury found that ultimately you had a teacher that was assaulted. The...
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