The U.S. 8th Circuit Court of Appeals has ruled in favor of Pollyann Sorcan, a former Rock Ridge School Board member who alleges that the district retaliated against her for engaging in protected speech.
The court’s March 13 decision reverses a lower court ruling that had dismissed Sorcan’s case. Due to the ruling, her lawsuit against the district will now proceed in the lower courts.
“I stood up for what I believed was right, and the school board tried to punish me for it. I’m grateful for this victory at this stage—not just for myself, but for everyone who believes in holding our institutions accountable. I look forward to winning the case,” said Sorcan.
Sorcan served on the Rock Ridge School Board (formerly Eveleth and Eveleth-Gilbert) for more than 20 years without any issues until she was censured in August 2021, according to her initial lawsuit.
“On August 9, 2021, in retaliation for her political advocacy, support of the community, and attempts to be truly informed on important issues directly relevant to the Board’s actions, the Board passed a resolution censuring Ms. Sorcan for a litany of conclusory allegations that failed to specify the date or factual circumstances of the alleged violations of Board rules or other purported standards of conduct,” the lawsuit says.
As a result, she was removed from all of her committee assignments and prevented from even attending committee meetings for a period of 17 months, the lawsuit adds. She was later reinstated to three committees, fewer assignments than any other member of the board.
With the Upper Midwest Law Center (UMLC), Sorcan sued the district and then-board chair Bill Addy in his official capacity in 2023, arguing that the board’s actions were unconstitutional retaliation for her speech. The lawsuit cited her history of questioning board policies, advocating for fiscal discipline and supporting the public’s right to speak at meetings.
The district court dismissed the case, ruling that Addy was protected by legislative immunity and that Sorcan failed to show a pattern of unconstitutional conduct by the district. The appeals court disagreed, finding that the board chair was not immune from the suit in his official capacity and that the district court “erred in requiring that Sorcan identify a persistent pattern of unconstitutional misconduct.”
“This ruling is a decisive win for free speech and a clear warning to government officials who think they can silence fellow elected representatives for expressing dissent,” said James Dickey, senior counsel at UMLC. “The 8th Circuit has reaffirmed that school districts and local officials cannot dodge accountability for retaliating against protected speech.”
According to KAXE, Sorcan was later removed from the board entirely in November 2024 after an investigation “found she forwarded confidential emails to her private account and supported lawsuits against the district.”
The board is planning to hold a special election on April 8; Sorcan is running for her old seat.
“The District and its insurer plan to vigorously defend the district against the wasteful lawsuit and look forward to moving past the immunity arguments and defending the First Amendment rights of Board Members to censure a member for clear misconduct,” the district told the Mesabi Tribune in a statement.
“In addition, we also wanted to clarify that this ongoing lawsuit is not related to Ms. Sorcan’s recent removal from the Rock Ridge School Board for malfeasance of office, including sharing attorney-client confidential emails with the attorney representing opposing counsel,” the statement continued.
Hayley Feland
Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.
