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Appel v. Spiridon

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Argued: June 17, 2008

Before JACOBS, Chief Judge, STRAUB, Circuit Judge, and CEDARBAUM, District Judge.*fn1

Defendants-Appellants Charles P. Spiridon, Linda Vaden-Goad, Linda Rinker and James Schmotter appeal from an order of the United States District Court for the District of Connecticut (Stefan Underhill, Judge) granting a preliminary injunction in favor of Plaintiff-Appellee Rosalie Appel enjoining Defendants-Appellants from requiring Appel to submit to a psychological examination in order to maintain her teaching position at Western Connecticut State University (“WCSU”). In her amended complaint, Appel asserts claims based on alleged violations of her constitutional rights under the Free Speech Clause of the First Amendment and under the Equal Protection Clause of the Fourteenth Amendment as a “class of one.” The District Court granted Appel’s motion for a preliminary injunction on the ground that Appel had met her burden of establishing that she would suffer irreparable harm without an injunction, that serious questions existed regarding the merits of her equal protection claim, and that the balance of hardships tipped decidedly in her favor.*fn2 See Appel v. Spiridon, 463 F. Supp. 2d 255, 261–62, 264–66 (D. Conn. 2006).

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