A Shakopee mother who became a loud voice against school mask mandates during the pandemic will get another shot at her First Amendment lawsuit after a federal appeals court revived key claims she brought against a school official and her former employer.
According to Minnesota Lawyer, the 8th U.S. Circuit Court of Appeals ruled on Oct. 20 that a jury could reasonably conclude Shakopee Public Schools Superintendent Michael Redmond and HomeTown Bank leaders may have coordinated to retaliate against Tara McNeally for her outspoken opposition to the district’s masking rules.
A parent speaks out during 2021 mask fight
McNeally worked as a personal banker for HomeTown Bank, spending a six to eight hours of her work week staffing a branch located inside Shakopee High School.
In August 2021, after the Shakopee school board adopted a mask mandate for the upcoming year, McNeally said her 12-year-old daughter struggled with the policy. She alleged in her lawsuit that her older daughter experienced shortness of breath, tunnel vision, and even fainting spells while masked, and that “the District was not receptive to her child’s medical needs.”
Like many parents during those turbulent times across the state, McNeally attended school boarding meetings to voice her opposition. At one meeting, she held a sign that read “MASKS = NO LEVY,” a not-so-subtle warning to board members pushing an operating levy. She later co-founded a Facebook group called “Parents Against Forced Masking” and also criticized a board member’s conduct in September 2021, saying on social media that the board member has “no heart.”
McNeally’s attorney said the post was made on her own time, from her own phone. But it quickly became an issue at work.
School superintendent barred her from campus
According to the ruling, HomeTown Bank Vice President Lindsey Puffer texted McNeally and asked her to remove the post, saying the district was “pretty upset.” She refused.
Superintendent Redmond later wrote to Puffer, saying McNeally could no longer be present on any school property except as a parent — effectively shutting down her ability to work the school branch.
Redmond said he sent this message after Puffer informed him that McNeally would be placed on leave and investigated.
“The Bank investigated McNeally and concluded that she had violated the Bank’s standard of conduct and social media guidelines, could not perform job duties because she was banned from SPS, and improperly used her work time. She was fired on October 12,” the ruling explains.
In December 2021, McNeally sued the school district, school board chair, Redmond, the bank, and its vice president, alleging violations of her First and 14th Amendment rights and claiming the superintendent unlawfully interfered with her employment.
Shakopee Public Schools issued a statement at the time saying no one from the district requested that the bank suspend or discipline McNeally. “Any actions taken by the bank are independent of the partner’s relationship with the district,” the district said.
Appeals court rejects blanket dismissal
The district court originally tossed the case, granting summary judgment to all defendants.
But the 8th Circuit reinstated the claims against Redmond, the bank, and the bank’s vice president, while affirming dismissal for the district as an entity and the board member McNeally criticized.
“A jury could find that the frequent communication between Redmond and Puffer, including evidence of coordination in the decisions to ban McNeally and place her on leave, shows a mutual understanding to retaliate against McNeally for her protected speech,” the court wrote.
The panel also rejected Redmond’s qualified immunity claim, writing that “an official violating ‘clearly established’ law commits a willful or malicious wrong, thus losing his official immunity.”
Tortious interference claim revived
McNeally also sued Redmond personally for tortious interference, with her attorney arguing: “But for Redmond’s actions, McNeally would not have been suspended or terminated from HomeTown Bank.”
“Redmond’s actions in securing McNeally’s suspension and termination of employment from HomeTown Bank were taken in bad faith with bad motive, and without legal justification,” her initial lawsuit said.
McNeally’s attorney, Steven Cerny, said the ruling reflects a basic constitutional principle, telling Minnesota Lawyer: “Public officials cannot retaliate against someone for expressing viewpoints on matters of public concern, nor can they coordinate with a private party to retaliate against someone because they disagree with that person’s position.”
The case now heads back to district court, where a jury may ultimately decide whether the superintendent and bank leadership banded together to punish a parent for speaking out during one of the most contentious chapters of the pandemic.
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
