Benton School District; Lori Bacon, in Her Individual and Official Capacity; And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

── Benton School District; Lori Bacon, in Her Individual and Official Capacity; And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer ── Court: Supreme Court of Arkansas Date: March 12, 2026 Category: General Cite as 2026 Ark. 53 SUPREME COURT OF ARKANSAS No. CV-25-11 Opinion Delivered: March 12, 2026 BENTON SCHOOL DISTRICT; LORI BACON, IN HER INDIVIDUAL AND APPEAL FROM THE SALINE OFFICIAL CAPACITY; AND LITA COUNTY CIRCUIT COURT GATTIS, IN HER INDIVIDUAL AND [NO. 63CV-20-522] OFFICIAL CAPACITY APPELLANTS HONORABLE BRENT DILLON HOUSTON, JUDGE V. REVERSED AND REMANDED. BRANDI GREER APPELLEE SHAWN A. WOMACK, Associate Justice This case arises from Brandi Greer’s claim that the Benton School District, Lori Bacon, and Lita Gattis unlawfully retaliated against her and prevented her from working as a substitute teacher in the district after she filed an ethics complaint against a teacher in the district concerning the treatment of her child. The circuit court granted summary judgment to Greer on her retaliation claims and the jury awarded her $7,000 in damages.1 The court also entered a permanent injunction barring the District from prohibiting her from serving as a substitute. Because Greer’s claims fail as a matter of law, we reverse the circuit court’s summary-judgment ruling and enter judgment for the appellants. As a result, we likewise 1 Greers retaliation claims are brought under 29 U.S.C. § 794, 42 U.S.C. § 1983, and Ark. Code Ann. § 16-123-105. reverse the jury’s award of damages and the circuit court’s order granting a permanent injunction. I. Facts and Procedural Background The appellants in this case are the Benton School District, Lori Bacon, and Lita Gattis. Bacon is the former principal of the Angie Grant Elementary School. Gattis is the former assistant superintendent of the District. The appellants were sued by Brandi Greer, a substitute teacher employed by Kelly Services, Inc. The District contracted with Kelly Services, Inc., for the placement of substitute teachers in the school district. In 2017 and 2018, Greer’s child attended the Angie Grant Elementary School. Greer frequently served as a substitute teacher there during this time period. In the fall of 2017, a dispute arose between Greer and her child’s teacher, Holly Fite. Greer then filed an ethics complaint against Fite in November of 2017 with the Arkansas Department of Education’s Professional Licensure Standards Board (State Board), alleging that Ms. Fite had violated the Code of Ethics for Arkansas Educators due to her treatment of the Appellee’s child. In February of 2018, the District informed Kelly Services, Inc., that Greer could not substitute at Angie Grant until the investigation was complete. After further discussions with Greer, the District ultimately decided that it was best that Greer not substitute at any school within the District. This did not prevent Greer from substituting for any of the other schools within Saline County that Kelly Services, Inc., contracted with. In 2018, the State Board found that Greer’s complaint was baseless. In June 2020, Greer filed a lawsuit against her employer, Kelly Services, Inc., Benton School District and Lori Bacon. She claimed discrimination and retaliation in violation of 2 the federal Rehabilitation Act of 1973, the First Amendment of the U.S. Constitution, and article 2, section 6 of the Arkansas Constitution. Kelly Services, Inc., was dismissed from the case without prejudice the next month. In August 2020, the District and Bacon filed their joint response to the complaint. In response, Greer filed an amended complaint, adding Lita Gattis as a defendant. In her amended complaint, Gre