Mark Stanalajczo v. Brandonn Perry

── Mark Stanalajczo v. Brandonn Perry ── Court: Court of Appeals for the Sixth Circuit Date: May 04, 2026 Category: General RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 26a0128p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ┐ MARK STANALAJCZO, │ Plaintiff-Appellant, │ > No. 25-1690 │ v. │ │ BRANDONN PERRY; LYNN JOHNSON; JAN HU; JACQUES │ NOR; DAN CHIEGO; ALEXANDRE DASILVA; DARNELL │ KAIGLER; TAE-JU OH; BERNA SAGLIK, │ Defendants-Appellees. │ ┘ Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 2:23-cv-11527—Matthew F. Leitman, District Judge. Decided and Filed: May 4, 2026 Before: KETHLEDGE, WHITE, and LARSEN, Circuit Judges. _________________ COUNSEL ON BRIEF: Frank J. Lawrence, LAW OFFICE OF FRANK LAWRENCE, Bloomfield Hills, Michigan, for Appellant. Timothy H. Howlett, Angelina R. Delmastro, DICKINSON WRIGHT PLLC, Detroit, Michigan, for Appellees. LARSEN, J., delivered the opinion of the court in which KETHLEDGE and WHITE, JJ., concurred. LARSEN, J. (pp. 13–16) delivered a separate concurring opinion in which KETHLEDGE, J., concurred. WHITE J. (pg. 17) also delivered a separate concurring opinion. _________________ OPINION _________________ LARSEN, Circuit Judge. Dr. Mark Stanalajczo was an adjunct professor in a dental school clinic. During the summer of 2022, the school administration required faculty and  No. 25-1690 Stanalajczo v. Perry, et al. Page 2 students who worked in the clinic to wear heavy protective gear as part of its response to COVID-19. At the same time, the school experienced difficulties with its air conditioning system. This combination led Stanalajczo and others to become concerned about overheating. Over the course of the summer, Stanalajczo “replied all” to an administrator’s email about the gear, sent additional emails to administrators, students, faculty, and staff associated with the clinic, filed a health complaint against the dental school, and spoke out against the policy at an all-school meeting in a manner school authorities deemed unprofessional. The school later terminated him after he failed to watch several videos on unprofessional behavior. Stanalajczo then sued for First Amendment retaliation. The district court granted summary judgment to the Defendants. We AFFIRM. I. Dr. Mark Stanalajczo worked as an Adjunct Clinical Assistant Professor at the University of Michigan School of Dentistry where he supervised students in the dental clinic one day per week. In the summer of 2022, the Dental School required faculty and students working in the clinic to wear Personal Protection Equipment (PPE) as part of its on-going response to COVID-19. The PPE involved a 99% polyester gown, safety glasses, a face shield, and a head covering. Meanwhile, the Dental School’s air conditioning units were not cooling at their normal capacity due to an ongoing building renovation. The combination of the warm temperatures and the PPE’s lack of breathability made the PP