Full opinion text
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT HAND, District Judge. This cause is before the court on the motion for summary judgment filed by defendants City of Fairhope, Board of Trustees of the Fairhope Public Library, James Nix, David Ed Bishop, Robert Mason, H. B. Shepherd, Samuel E. Box, Jack A. Stipes, Billy Don Wiggins, Trisha Nelson and C. O. McCawley (sometimes referred to collectively as “City of Fairhope”). The City of Fairhope seeks summary judgment on each claim asserted by plaintiff Hilda Claire Oaks (Oaks) on the ground that there is no genuine issue as to any material fact and that the City of Fairhope is entitled to judgment as a. matter of law. Oaks subsequently responded to the motion for summary judgment as required by Local Rule 8 of this court. In connection with her termination as director of the Fairhope Public Library, Oaks generally asserts a spate a federal civil rights and employment discrimination claims as well as state law defamation claims. The court is cognizant that summary judgment is perhaps “particularly inappropriate” in employment discrimination cases, because such cases necessarily involve examining motive and intent. Summary judgment should be used cautiously in such cases and all procedural requirements should be given strict adherence. See Bullard v. OMI Georgia, Inc., 640 F.2d 632 (5th Cir. 1981); Hayden v. First National Bank of Mt. Pleasant, 595 F.2d 994, 997 (5th Cir. 1979). In considering the motion for summary judgment, this court may not adjudicate factual issues. This court’s duty is to determine whether or not there is an issue of fact to be tried. Hayden v. First National Bank of Mt. Pleasant, 595 F.2d 994 (5th Cir. 1979). Voluminous discovery has been conducted in this action. Twelve depositions (with exhibits) have been filed with the court; additionally, several affidavits and documentary exhibits have been submitted in connection with the motion for summary judgment. In reviewing the record, this court has viewed the facts together with all inferences drawn from the facts in the light most favorable to Oaks (the party opposing summary judgment). See Adickes v. S. H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); 6 Moore’s Federal Practice ¶ 56.15[3] (2d ed. 1976). The court has fully heeded the admonition of the Supreme Court in Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266, 97 S:Ct. 555, 564, 50 L.Ed.2d 450 (1977): [Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available. Cognizant of the sensitive nature of Oaks’ claims, the court has strictly adhered to the procedural requirements of summary judgment. This court may not, however, ignore the clear dictates of Rule 56, Federal Rules of Civil Procedure. No civil action is immune from summary adjudication. See 6 Moore’s Federal Practice ¶ 56.15(8) at 56-641 (2d ed. 1980); First National Bank of Arizona v. Cities Service Co., 391 U.S. 253, 289-90, 88 S.Ct. 1575, 1592-93, 20 L.Ed.2d 569 (1968) (on summary judgment, defendant successfully demonstrated that the facts were not susceptible of the “interpretation” plaintiff advanced). Even in employment discrimination cases, summary judgment will be granted, if appropriate. See e. g., Gatling v. Atlantic Richfield Co., 577 F.2d 185 (2d Cir. 1978), cert. denied, 439 U.S. 861, 99 S.Ct. 181, 58 L.Ed.2d 169 (1978); Sagers v. Yellow Freight System, Inc., 529 F.2d 721, 728 n.13 (5th Cir. 1976) (“the fact that the [party opposing summary judgment] vigorously disputed the legal conclusions to be drawn from the facts presented by the [movant] was no bar to the grant of summary judgment”); Anderson v. Viking Pump Div., Houdaille Industries, 545 F.2d 1127 (8th Cir. 1976). The City of Fairhope is entitled to summary judgment if there is no issue as to any material fact and if the City of Fair-hope is entitled to a judgment as a matter of law. Although the City of Fairhope must demonstrate the absence of a material factual issue, when confronted with a properly supported motion for summary judgment, Oaks “must set forth specific facts showing that there is a genuine issue for trial.” Rule 56(e), Federal Rules of Civil Procedure. The Fifth Circuit long ago made clear that this court may not avoid its judicial obligation when presented a properly supported motion for summary judgment: Litigants have no difficulty finding expressions urging courts to have a due regard for a cautious observance of the requirements of a summary judgment or, if they are appellees, they may find expressions that summary judgments are looked upon with favor. Barron & Holtzoff, however, make the pertinent observation: “Cases voicing such sentiments as that courts should be slow to grant summary judgment and that any errors should be on the side of caution, should be limited to their facts. [Rule 56] itself provides that ‘the judgment sought shall be rendered forthwith if * * * there is no genuine issue as to any material fact and * * * the moving party is entitled to a judgment as a matter of law.’ ” 3 Barron & Holtzoff, Federal Practice and Procedure, § 1231. Bruce v. Travelers Insurance Co., 266 F.2d 781, 786-87 (5th Cir. 1959). The court has fully considered the pleadings and depositions on file, the affidavits and exhibits filed in connection with the motion for summary judgment, and the briefs of counsel for the respective parties, including Oaks’ response to motion for summary judgment (hereafter cited “Oaks Response”). The court concludes that there is no genuine issue as to any material fact and that based upon the following Findings of Fact and Conclusions of Law, the City of Fairhope is entitled to a judgment as a matter of law. FINDINGS OF FACT 1. Oaks is the former librarian at the Fairhope Public Library (“the Library”). Oaks was terminated as librarian effective September 30, 1979, and currently resides in Park Forest, Illinois, where she is the librarian at the Flossmoor Public Library. (Oaks at 6) 2. Defendant City of Fairhope is an incorporated municipality in Baldwin County, Alabama. The City of Fairhope is authorized to establish and maintain, or aid in establishing and maintaining, a free public library for the use of the citizens of the City of Fairhope. (Complaint ¶ 3; Answer ¶ 3) 3. Defendant Board of Trustees of the Fairhope Public Library (Library Board) consists of five members appointed by the Fairhope City Council for four-year terms (Complaint ¶ 4; Answer ¶ 4); Library Board members serve without compensation. Code of Ala. 1975, § 11-90-2. During the relevant period, the following persons were members of the Library Board: David Ed Bishop, Robert Mason, H. B. Shepherd (each individual defendants), Stevi Gaston and Jason Kutack. 4. Defendant James Nix (Mayor Nix) is the mayor of the City of Fairhope. Oaks’ action against Mayor Nix is in his individual capacity only. (Complaint ¶ 5; Answer ¶ 5) 5. Defendant David Ed Bishop (Bishop) is the chairman of the Library Board; he is also an elected member of the Fairhope City Council. Since he is a member of the Library Board, Bishop refrains from voting on any issue before the Fairhope City Council if the issue is connected with the Library or the Library Board. Oaks’ action against Bishop is in his individual capacity only. (Complaint ¶ 6; Answer ¶ 6; Bishop Affidavit) 6. Defendants Robert Mason (Mason) and Reverend H. B. Shepherd (Shepherd) are each members of the Library Board; each is sued in his individual capacity only. (Complaint ¶ 7; Answer ¶ 7) 7. Defendants Samuel E. Box, Jack A. Stipes, Trisha Nelson and C. O. McCawley are each members or former members of the Fairhope City Council; each is sued in his or her individual capacity only (Complaint ¶ 8; Answer ¶ 8). Defendants Billy Don Wiggins and Henry G. Bishop are former members of the Fairhope City Council; each resigned from the Fairhope City Council on May 28, 1979, and neither has held any position with the City of Fairhope or with the Library Board since that time (Bishop Affidavit). On October 27, 1980, counsel for the City of Fairhope stated upon the record that Henry G. Bishop was deceased (Answer ¶ 8). 8. On May 1, 1979, Oaks filed Civil Action 79-0237-H against the City of Fair-hope, the mayor of Fairhope, the members of the Fairhope City Council and the members of the Library Board. The first Complaint set forth several state and federal claims. In pertinent part, Oaks alleged: first, a breach of a written contract of employment and a denial of property without due process of law under the fourteenth amendment; second, infringement of first and fourteenth amendment rights of freedom of speech and freedom of the press; and third, sex discrimination in violation of the equal protection clause of the fourteenth amendment. 9. Civil Action 79-0237-H resulted in a negotiated Settlement Agreement on May 25, 1979 (Complaint ¶ 29; Answer ¶ 29). A copy of the Settlement Agreement is attached to the Complaint in this action and states in pertinent part: SETTLEMENT AGREEMENT 1. This Settlement Agreement is entered into by the parties to adjust all of their differences and to effect a reconciliation for the best interest of the City of Fairhope, its citizens, its Library Board, and the parties. 3. The purported contract between the Library Board and [Oaks] dated April 19, 1979, is hereby rescinded. 4. [Oaks] will be reinstated as director of the Fairhope Public Library effective May 28, 1979, and will not be discharged from such position prior to September 30, 1979, unless in the meantime she is discharged for good cause. If a majority of the Library Board desire to terminate [Oaks’] employment on September 30,1979, they may do so by giving her written notice to such effect not less than two weeks prior to said date. Such notice shall be in writing signed by at least a majority of the then members of the Library Board. 5. [Oaks] shall receive compensation during the period of her employment at the rate of $14,000 per year and shall promptly be retroactively reimbursed for any such compensation which she has not received since the prior termination of her employment. 6. While the Library Board shall not be required to show cause on September 30, 1979, if they elect to terminate [Oaks’] employment as Director of the Library, they may not terminate her services for reasons which would violate her federally protected constitutional and legal rights insofar as such rights have been violated after the date of this Settlement Agreement. 7. In the event that [Oaks’] employment is continued after September 30,1979, the terms and conditions of such employment shall be as may be mutually agreed upon by [Oaks] and the Library Board. 8. In the event that [Oaks] should assert or attempt to assert any claimed cause of action or demand of any kind whatsoever against any person or persons or entity whatsoever on account of the receipt of notice of termination of her employment as of September 30, 1979, nothing said, done, or occurring prior to May 25, 1979, shall be admissible in evidencé in any proceeding brought in connection therewith, nor in anywise relevant thereto. It is expressly agreed that [Oaks] shall not be entitled to any hearing or other proceeding incident to or with reference to notice of termination of employment effective September 30, 1979. Court costs will be paid by the defendant City of Fairhope, and [the City of Fair-hope] will also pay [Oaks’] legal fees in the manner previously agreed on. 10. This case [first Complaint] will be dismissed with prejudice. 11. Nothing in this Settlement Agreement shall be construed to be an admission by any party of any liability in this matter or an admission of the truth of any of the allegations of the Complaint or of the Answer. Complaint ¶30, Appendix B. The Settlement Agreement was executed by C. B. Arendall, Jr., as counsel for all defendants .and by James U. Blacksher, as counsel for Oaks. Mr. Blacksher also represents Oaks in the present action. 10. As provided in the Settlement Agreement, Oaks was reinstated as director of the Library at a salary of $14,000 per year, and was paid backpay by the Library Board (Complaint ¶ 30, Appendix B). 11. Oaks’ tenure as director of the Library between May 25, 1979, and September 30, 1979, was wrought with public controversy virtually from the outset (Bishop at 20, 54-55, 65-68; Stipes at 35-36; Mason at 49, 91-92, 108-109; Shepherd at 48, 35-37; Gaston at 38-43, 62; Bemis at 36-37). Even the issue of the backpay due Oaks under the Settlement Agreement was made the subject of a dispute by an Oaks supporter. Library Board chairman Bishop voted with the majority to have the Library Board (Oaks’ employer) rather than the City of Fairhope pay the backpay due Oaks under the Settlement Agreement. An active Oaks supporter, Devereaux Bemis, subsequently filed an ethics charge against Bishop with the State Ethics Commission based upon his vote. Although Bemis himself apparently questioned whether the charge was “decent” or “totally absurd,” he alleged that Bishop was an individual defendant in Oaks’ first lawsuit and that he personally profited by his vote to have the Library Board pay the backpay. The charge was resolved in favor of Bishop. (Bemis at 56-58, 32-33) Stevi Gaston, a Library Board member who supported Oaks (Gaston at 38), testified that after Oaks’ reinstatement, Oaks became a hot topic of discussion: people were “talking about it all over town.” Gaston testified that the community was sharply divided over the Oaks issue and Gaston herself was interviewed on television regarding the prospects of Oaks’ future employment. (Gaston at 52-56) After May 25, 1979, Oaks’ supporters organized and attempted to rally public support for Oaks (Dryer at 42-44; Bemis at 20-22). 12. Although the Library Board took no formal action affecting Oaks’ employment prior to voting on August 30, 1979, not to continue Oaks’ employment beyond September 30, 1979, the public controversy over Oaks’ continued employment spilled over into meetings of the Library Board. Whereas before and after the Oaks controversy few if any people attended Library Board meetings, between May 25, 1979 and September 30, 1979, over a hundred people frequently attended. The Library Board meetings were characterized by loud, boisterous crowd behavior that disrupted the business of the Library Board. Library Board member Stevi Gaston, herself an Oaks’ supporter, characterized the Library Board meetings as “rowdy” and further testified that there was “shouting.” (Gaston at 23-26, 38-42; Bishop at 17-20, 51-55, 61, 65-68, 70-71; Mason at 49-50, 61, 91-92, 108-109; Shepherd at 35-37, 48) 13. Whether or not Oaks actively fueled the public controversy after May 25, 1979, the undisputed facts demonstrate that she did nothing to cool the controversy. After May 25, 1979, Oaks was contacted by the news media on a regular basis and permitted ten to twelve interviews with media personnel; newspaper and television media representatives also attended some Library Board meetings after that date (Oaks at 168-169). Oaks voluntarily submitted to interviews by media personnel and candidly remarked: “there were interviews ... it was a ... news item” (Oaks at 169). After May 25, 1979, Oaks also gave several speeches regarding what she characterized as her “struggle” (Oaks at 171). Oaks was invited to speak about her case at the American Library Association Intellectual Freedom Roundtable meeting in Dallas, Texas, in June 1979 and also spoke on the same subject to the Bay Area Library Association in Mobile during the same period (Oaks at 169-171). Oaks was quite candid regarding the reasons she was invited to speak to such organizations: [Bjecause I had been the case during that particular budget year that [the American Library Association] had so I was invited to talk about their involvement in my, in my struggle, in my case. (Oaks at 171). During the same period, Oaks was also a guest speaker at a public library class at the University of Alabama regarding the involvement of the American Library Association in her case, the positions of librarians in the State of Alabama and the kind of job security that librarians enjoy in the State of Alabama (Oaks at 172). 14. Perhaps the most significant event that transpired prior to Oaks’ termination was the August 9, 1979, meeting of the Library Board. At that meeting, Oaks submitted the proposed Library budget for fiscal 1980 to the Library Board for review and ultimate submission to the City Council. At the meeting, Library Board Chairman Bishop proposed postponing consideration of the budget until further work on the budget could be completed by the librarian and the Library Board in order to obtain approval from the City Council. Bishop’s suggestion was greeted by an adverse crowd reaction from the approximately one hundred and fifty persons at the meeting. The crowd reaction prompted Bishop to table his suggestion and the Library Board voted simply to submit the budget as proposed by Oaks directly to the City Council. The City Council subsequently “turned down” the proposed budget and appropriated approximately $10,000 less. (Bishop at 17-20, 55-59; Gaston at 44-45; Bemis 36-42) 15. Library Board members Bishop, Mason and Shepherd subsequently consulted with attorney Charles Arendall regarding the proper procedure for terminating Oaks under the Settlement Agreement. The three had previously consulted Arendall regarding Oaks’ termination in late July, but had temporarily abandoned such action. At that time, the three Library Board provided the initial input for Arendall to draft a letter to Oaks stating reasons why the three Library Board members deemed her continued employment inadvisable and offering Oaks an opportunity to resign. Attorney Arendall now completed a second letter (virtually identical) and mailed the letter to Library Board chairman Bishop for submission to Oaks. On August 29, 1979, Bishop delivered the letter to Oaks at the Library. Library Board members Stevi Gaston and Jason Kutack, both Oaks supporters, were present at the Library when Bishop delivered the letter. (Bishop at 21-35; Mason at 76-77) 16. Oaks considers it significant that the Library Board, with the assistance of attorney Arendall, initially prepared a letter in late July 1979, which was substantially the same as the letter that was ultimately delivered to Oaks in late August 1979. It is undisputed that a majority of the Library Board (Mason, Shepherd and Bishop) considered Oaks’ termination in late July, visited attorney Arendall to that end and, with the assistance of Arendall, prepared a letter to Oaks. The reasons stated in each Library Board letter, however, were readily apparent in late July 1979. See Finding of Fact ¶ 38 infra. Library Board chairman Bishop testified regarding the “disruption” that developed “over a period of time” (Bishop at 65-66), and Library Board member Shepherd described the “increasing” division, disturbance and disruption in the community (Shepherd at 47-48). Furthermore, Library Board member Gaston, an Oaks supporter, described the “rowdy” crowd behavior that characterized and disrupted ail post-Settlement Agreement Library Board meetings (Gaston at 38-42). 17. The three Library Board members reconsidered their initial decision (in late July) after seeing a magazine article in the July 1979 Library Journal which indicated that Oaks was once again preparing to institute federal litigation to challenge her own Settlement Agreement (Bishop at 20-25; Shepherd at 55). Library Board chairman Bishop further testified that the Library Journal article made the Library Board members consider whether “we just hadn’t done enough ... to make things work” (Bishop at 22): [l]t all caused me to change my mind at that point because, ... I definitely didn’t want to think of the City becoming involved in any more long and drawn out legal implications and costly expenditures that the City could not afford. And we would definitely go back and try to work harder and try to make things work. (Bishop at 23). Shortly thereafter, however, the theatrical disruption at the August 9th Library Board meeting renewed the Library Board members’ resolve to terminate Oaks effective September 30, 1979 (Bishop at 64-66). 18. The Library Board letter advised Oaks that a majority of the members of the Library Board had concluded that Oaks’ employment as director of the Library would not be continued beyond September 30, 1979. In pertinent part, the letter provided: We certainly have no wish to cause you any public embarrassment and, accordingly, we are offering you the opportunity to resign your position prior to the meeting of the Library Board on August 30, 1979. If you chose not to do so, the issue of your continued employment beyond September 30, 1979, will be taken up and decided at that meeting. While I [Chairman Bishop] recognize that under the terms of the Settlement Agreement between you and the defendants in your recent law suit no cause, reason, or explanation for your termination need be given, I believe it fair to summarize for you the reasons why, I believe, a majority of the members of the Library Board do not wish your continued employment. First, there seems to be a fundamental philosophical difference between you and the Library Board as to the proper functions and division of authority between the director and the Library Board. We believe that consciously or unconsciously you have attempted to infringe on the policy making duties and powers of the Library Board, rather than concentrating on administrative and service functions of the director position. We believe that it is the duty of the Library Board to establish goals, policies, and programs for the library, and the duty of the director to see that they are carried out. Second, we do not believe that you in particular, and some of the library employees for whom you are responsible, have a proper rapport with the public. We believe that you have attempted to operate the Fairhope Public Library as a personal enterprise and for the benefit and in accordance with the wishes of a small clique, rather than for the benefit of the citizens as a whole, many of whom you seem to disdain as common, uneducated, or non-intellectual. I have heard a number of citizen complaints that they do not feel welcome to the Library. Third, we believe that a qualified person can be obtained to serve as Director of the Library at a cost to the public considerably less than the salary you expect, and that you appear to require a larger and more expensive staff than we think necessary. We believe that we owe a duty to the public to provide library services in a most economical and efficient manner, taking into account the budgetary limits within which the library has to operate. (Complaint, Appendix C). The letter is signed by David Ed Bishop, Chairman of the Library Board and by Library Board members H. B. Shepherd and Robert G. Mason. 19. On August 30, 1979, at a formal meeting of the Library Board, the Library Board voted not to continue Oaks’ employment beyond September 30,1979. A resolution to that effect was prepared and signed by Library Board members Bishop, Mason and Shepherd. Library Board members Stevi Gaston and Jason Kutack voted against the resolution. Oaks continued as the director of the Fairhope Public Library until September 30, 1979. (Bishop at 51; Gaston at 23-26) 20. In January 1980, Oaks accepted employment as the director of the Flossmoor Public Library in Flossmoor, Illinois, at a salary of $18,000 per year. After three months, the salary was raised to $18,500 per year. (Oaks at 158) 21. On June 23, 1980, Oaks once again filed a civil action against the City of Fair-hope, the Library Board, Mayor Nix, Library Board members Bishop, Mason and Shepherd, and current and past members of the Fairhope City Council (Henry Bishop, Samuel E. Box, Jack A. Stipes, Billy Don Wiggins, Trisha Nelson and C. O. McCawley). The Complaint contains virtually identical factual allegations and claims for relief as were alleged in the first Complaint. Indeed, the allegations of paragraphs 1 through 27 of the Complaint (incidents occurring between June 30, 1977 and April 23, 1979) were all previously contained in the first Complaint. 22. In an effort to avoid the express provisions of the Settlement Agreement and the effect of dismissal of her prior action with prejudice pursuant thereto, Oaks alleged that subsequent to May 25, 1979, the City of Fairhope violated the Settlement Agreement and that the agreement could, therefore, not be interposed against Oaks (Complaint ¶ 31 and ¶ 32). The renewed Complaint once again asserts numerous federal and state claims. Generally, Oaks alleges that: she was subjected to sex discrimination (both in her termination and salary level); she was terminated for opposing sex discrimination and in retaliation for her first lawsuit; she was terminated for exercising first and fourteenth amendment rights; she was denied liberty and property interests without due process of law; she was defamed by the Library Board and by Mayor Nix; and, her termination breached a written employment contract. Oaks further alleges that the twelve named defendants “conspired” to accomplish all of the foregoing. Oaks' Employer 23. Prior to the effective date of her termination on September 30, 1979, Oaks was employed by the Library under the exclusive management, control and supervision of the Library Board. Under Alabama law, the Library Board has “full power and authority” to control the expenditure of all funds received by the Library or appropriated to the Library, to employ both a librarian and other library employees, and to manage and control the Library. Code of Ala. 1975, § 11-90-3. 24. The Library is funded primarily by appropriations from the City of Fairhope. The librarian submits a proposed budget to the Library Board each year; after approval of the budget by the Library Board, the proposed budget is submitted to the City Council which appropriates operating funds for the Library. Only the total amount of the budget is approved and appropriated by the Fairhope City Council. The exclusive authority over expenditure of appropriated funds remains with the Library Board. By resolution of the Fairhope City Council, the Library is the recipient of all revenue-sharing funds received by the City of Fairhope and such funds constitute a large portion of the appropriated funds for the Library. The Library also receives additional funds directly from donations, user charges, book fines, sales and other library projects. The Library Board has exclusive control over the expenditure of all such funds. (Oaks at 19-34; Bishop affidavit) 25. Library employment policies and practices are exclusively under the control of the Library Board. The Library bylaws (Complaint Appendix A) provide that the librarian, under the direction and review of the Library Board, has “sole charge of the administration of the library.” The bylaws further provide that the librarian has the authority to accept employment applications, employ library personnel (subject to Library Board approval) and to inform each new employee of the personnel policies and fringe benefits established by the Library Board. Separate personnel files on each Library employee are maintained at the Library. The bylaws also authorize the librarian to accept resignations and, with approval of the Library Board, to terminate employees. The exclusive responsibility and authority for hiring and firing library employees has always been vested in the librarian and the Library Board. (Bishop Affidavit) 26. The Library maintains separate accounting records; the records are audited each year by an independent bookkeeper retained and paid by the Library Board. The Library maintains separate savings, checking and payroll accounts (Library employees are paid from the payroll account); the Library also has a separate federal tax identification number and pays the social security and unemployment compensation taxes on its own employees. (Bishop Affidavit) 27. At the time Oaks was employed by the Library (and thereafter), the Library never had fifteen or more employees (Hanson Affidavit; Bishop Affidavit) 28. Oaks readily admitted that she was employed by the Library Board (Oaks at 83). Although Oaks would characterize the Library Board as a “city department,” no facts support such a finding. Indeed, Oaks’ Complaint alleges that she was terminated: because [she] refused to take directions directly from the [City of Fairhope], but insisted on acting pursuant to the directions of the [Library Board], the Board charged by Alabama law with the duties and responsibilities of being her employer.” (Complaint ¶ 38(a); Oaks at 98-99). Oaks’ replacement as librarian, Thelma K. Shelley, was hired by the Library Board effective October 1, 1979. Sex Discrimination 29. Oaks was terminated effective October 30, 1979, and was replaced as librarian by another woman on October 1, 1979. Oaks nonetheless claims that her termination was based upon her sex. Oaks testified at length regarding incidents that she characterized as an “attitude of sex discrimination”: Q. [D]escribe ... each wrong that you feel was committed against you on or after May 25, 1979, ... that had the intent of discriminating against you on the basis of your sex. A. Alright. The attitude of sex discrimination or the attitude of antagonism toward me was a continuing attitude. This was not something that went away with the Settlement Agreement. (Oaks at 35) (emphasis supplied). Oaks recounted a litany of incidents she deemed constituted an “attitude of sex discrimination” or personal “antagonism,” including hearsay sexual slurs (Oaks at 36, 38-40, 70), unidentified threatening phone calls (Oaks at 51-52), being followed by unidentified City of Fairhope maintenance trucks (Oaks at 53, 56; Oaks deemed being followed sex discrimination because she, as a woman, would be more frightened than a man) and whistles and catcalls by unidentified City of Fairhope employees (Oaks at 59-61; “These comments would not have been made if I were a male.”). 30. The court has fully considered the relevant and admissible statements that allegedly demonstrated an “attitude of sex discrimination” (Oaks at 35-89). No facts, however, support a finding that Oaks’ employment was terminated because of her sex. At most, the testimony demonstrates personal animosity directed toward Oaks by unidentified individuals. Oaks testified: Q. Do you believe that these things you have testified to were discrimination against you because you are a woman or because you were a particular woman, Claire Oaks? A. Well, certainly because I was a particular woman. Because I was who I was. (Oaks at 74). 31. Although Oaks was admittedly replaced by a woman, she apparently contends that she was terminated not simply because she was a woman, but because she possessed traits or characteristics that would have been tolerated in a male employee but were intolerable in a female employee (Oaks at 75 “I don’t believe that a male possessing these traits would have been subjected to the sort of things that I was subjected to.”) None of the characteristics Oaks purportedly possessed were immutable characteristics. Furthermore, no facts support a finding that a hypothetical male librarian possessing similar characteristics would have been treated differently under similar circumstances. 32. Oaks’ primary contention, however, is not that her termination was the product of sex discrimination, but that the librarian’s position is relegated to second-class status as result of sex discrimination: Q. Do you contend that the Library Board’s action of hiring a woman to replace you at a salary of $12,000.00 [Oaks was paid $14,000] was sex discrimination against you? A. I think it was sex discrimination against the position and, therefore, against myself. I had been a librarian in that position. They obviously felt that it was not worth more than $12,000.00 and especially since they had said in the letter [Complaint Appendix C] that I required too much money. (Oaks at 89). Oaks contends that the librarian was paid a salary that is substantially less than the salaries paid other “similarly situated male department heads in the City of Fairhope” (Complaint ¶ 35): I also was paid less than the employees, the heads of the departments at the City who were men who certainly had nothing like the amount of education that I had. There was, the decision was made to cut the Librarian’s salary. There was the opinion by the members, some of the members of the Board of Trustees [Library Board], that they could find someone who would take the job for less money than I would accept or than that they had been paying me, not that I would accept, but that I had been paid. (Oaks at 36) (emphasis supplied). I believed that certain of these department heads did not have nearly the responsibility that I had as librarian and that the salaries that were paid to them were inordinately high compared to mine. (Oaks at 41) (emphasis supplied). 33. Oaks admitted that she was employed by the Library Board, that she was the only “department head” employed by the Library Board and that other “department heads” were employed by the City of Fairhope (Oaks at 41, 45, 83). 34. Although the facts do not support a finding that the Library Board is a “city department” (Oaks at 83), the court has thoroughly reviewed affidavits regarding the duties performed by the librarian and the duties performed by City of Fairhope department heads (Shelley Affidavit; Kirk Affidavit). It is undisputed that the city department heads are paid more by the City of Fairhope than the librarian is paid by the Library Board. The duties of the city department heads, however, are wholly dissimilar from the duties performed by the librarian. Because the duties are simply not similar, a meaningful comparison with regard to skill, effort and responsibility is virtually impossible. Oaks’ testimony that City department heads “had nothing like the amount of education [Oaks] had” (Oaks at 36), as well as her testimony that the department heads “did not have nearly the responsibility that [Oaks] had as librarian” (Oaks at 41), simply does not address the nature of the duties in fact performed. Opposition To Sex Discrimination 35. Oaks’ complaint alleges that she was subjected to retaliation, including termination, because of her attempts to “vindicate her federally protected right to be free of sex discrimination” (Complaint ¶ 36). Oaks admitted, however, that after May 25,1979, she made no attempt to oppose unlawful employment practices and that her retaliation claim was based exclusively upon her having filed a previous lawsuit (Oaks at 91). Retaliation 36. Oaks admits that her retaliation claim is based exclusively on her belief that her termination was the result of her first lawsuit against the same defendants (Oaks at 91). No facts support a causal connection between the first lawsuit and Oaks’ termination. The mere fact that Oaks filed the first lawsuit, standing alone, is precluded by the Settlement Agreement. While Oaks could not be terminated on September 30, 1979, because she filed such an action, Oaks must establish a causal connection by facts postdating May 25, 1979. Oaks adduced no admissible evidence that her termination by the Library Board effective September 30, 1979, was in retaliation for her first federal lawsuit. 37. Absent direct evidence that her first lawsuit played any part in her subsequent termination (on the precise date permitted under the Settlement Agreement), Oaks cites purported “circumstantial evidence” of a retaliatory motive. Three incidents relied upon by Oaks typify the “specific facts” Oaks proffers to show there is a genuine issue for trial. See Rule 56(e), Federal Rules of Civil Procedure. Each incident is inadmissible hearsay and each incident is demonstrably incorrect. Yet, in opposition to summary judgment, Oaks cites the incidents eight different times. (a) First, Oaks (and a supporter, J. Newman) testified that Mobile Press Register reporter Graham Heath (Heath) interviewed Mayor James Nix after the Settlement Agreement and that Heath reported that Nix had informed Heath that either “her [Oaks’] ass is grass” or “she [Oaks] has seen her better days” (Oaks Response ¶¶ 17e, 22d, 34b; Oaks at 37, 62-63; Newman at 12-14). Oaks incorrectly asserts that the statement is admissible as an “admission” under Rule 801(d)(2), Federal Rules of Evidence. The statement would be admissible as an admission, however, only if Heath testified to the statement. Otherwise, either Oaks’ or Newman’s testimony that Heath reported the statement to them is inadmissible hearsay. See Rules 802 and 805, Federal Rules of Evidence; Cedeck v. Hamiltonian Federal Sav. and Loan Assoc., 551 F.2d 1136 (8th Cir. 1977). Heath not only denied the statement, he also expressly advised Oaks and her legal counsel that Mayor Nix did not make such a statement. See Heath Affidavit. Yet, Oaks knowingly relies upon the inadmissible and incorrect testimony on three separate occasions. (b) Second, the Oaks Response states that “Library Board member, Robert Mason, is purported to have said that ‘we will be rid of the bitch by October’ ” (Oaks Response ¶¶ 17b, 22d) (emphasis supplied). Once again, Oaks asserts that the statement is an “admission” under Rule 801(d)(2). Once again, the statement is inadmissible hearsay. The “purported” statement was reported to Oaks by her advisor, Morris Ebenstein, who allegedly received the report from an unidentified source: Q. Did Morris Ebenstein tell you where he got his knowledge of the statement? A. No, he didn’t. And, as I said, much of this is hearsay and rumor. Q. So the statement was reported to you by Morris Ebenstein, but he did not tell you where he heard the statement? A. Thats true. Q. [Morris Ebenstein] did not hear the statement himself? A. No, he didn’t. (Oaks at 40). Morris Ebenstein testified that he had no first hand knowledge of any facts demonstrative of sex discrimination (Ebenstein at 109-11). (c) Third, Oaks apparently construed a WKRG television interview with Mayor James Nix shortly after the Settlement Agreement as demonstrating both a retaliatory motivation and a conspiracy to terminate Oaks because of her sex (Oaks Response ¶¶ 22e, 34a). Oaks interpreted the mayor’s “words and demeanor” during the television interview as retaliatory (Oaks Response ¶¶ 22e, 34a; Oaks at 63-64). The videotape of the television interview demonstrates Oaks’ strained interpretation of fact. See Affidavit of Thomas W. Diamond, custodian of film archives at WKRG-TV, Inc., together with the entire film clip of the interview with both Mayor James Nix and Oaks on May 29, 1979. Regardless whether Oaks’ testimony concerning the content (“words and demeanor”) of the video transcription is admissible, see Rule 1004, Federal Rules of Evidence, the actual video transcription of the interview does not support either a retaliatory motive or a conspiracy to terminate Oaks because of her sex. See Rules 1001(2), 1002-1003, Federal Rules of Evidence. 38. The balance of Oaks’ circumstantial evidence consists of Oaks’ disagreement with both the reasons given by the Library Board for her termination and the Library Board’s refusal to participate in a public debate regarding her continued employment. Oaks complains that the individual members of the Library Board forwent the opportunity at the August 9, 1979 Library Board meeting to discuss publicly complaints they may have had with Oaks continued employment (Oaks Response 122a). Although the Library Board admittedly acted on advice of legal counsel, Oaks also condemns the Library Board’s refusal to discuss the contents of the letter which offered Oaks the opportunity to resign (Oaks Response ¶ 22g). In substance, Oaks proffers as circumstantial evidence of retaliation the fact that the Library Board refused to afford Oaks a public forum or hearing to discuss her continued employment. (a) Under the express terms of the Settlement Agreement between Oaks and the Library Board, the Library Board was not required to debate publicly the reasons for Oaks termination (Settlement Agreement ¶ 6). Furthermore, the Settlement Agreement stated: It is expressly agreed that [Oaks] shall not be entitled to any hearing or other proceeding incident to or with reference to notice of termination of employment effective September 30, 1979. (Settlement Agreement, ¶ 8). The Library Board members’ reluctance to open public debate on Oaks’ continued employment (Mason at 91, “it was an adversary position”) was clearly dictated by the Settlement Agreement and offers absolutely no factual support for a causal connection between Oaks’ termination and her first federal lawsuit. (b) Oaks further contends that defendants Bishop, Mason and Shepherd were unable to substantiate the accusations they made against Oaks in the Library Board letter (Oaks Response ¶ 22a; ¶ 22b and ¶ 22c). Oaks confuses her disagreement with the Library Board’s reasons for her termination with the Library Board’s ability to substantiate such reasons (See Oaks Response ¶ 22b and 122c). Contrary to Oaks’ assertion, the Library Board members did substantiate the reasons cited in the Library Board letter. Although there was no consensus, the Library Board members each offered testimony regarding the reasons stated in the letter. (c) The Library Board letter stated that there appeared to be a “fundamental philosophical difference” between Oaks and the Library Board and that Oaks “consciously or unconsciously ... attempted to infringe on the policy making duties and powers of the Library Board.” Library Board member’s Bishop and Mason testified regarding Oaks’ apparent disregard of the “chain of command”; i. e., Oaks apparently put herself and her supporters ahead of the people of the City of Fairhope in general (Mason at 37, 48-49, 93, 108-109; Bishop at 51-52, 61; Shepherd at 47-48). Perhaps Library Board Chairman Bishop best described the “fundamental philosophical difference” which developed “over a period of time” and was characterized by Oaks’ “conscious or unconscious” attempt to infringe upon the policymaking duties of the Library Board (Bishop at 65). Bishop testified that the budget of the Fairhope Public Library had dramatically increased from $15,000 per year to over $60,000 per year in a very short period (one of the highest per capita contributions in the State of Alabama) (Bishop at 53). Oaks, however, consciously or unconsciously aligned herself with a clique that precipitated a public controversy regarding the library budget generally and Oaks’ salary in particular — a controversy that resulted in agitation, intimidation, interrogation and disruption at Library Board meetings (Bishop at 65): It was like a drama club.. .. These people apparently were very close in the community and they did come and they tried to do everything they could to disrupt meetings if anybody went against anything they said. I felt like whether [Oaks] did it consciously or unconsciously, it happened. And it was because she was there; they evolved around her. (Bishop at 65-66). Although Oaks apparently contends that her association with a clique that sought intentionally to disrupt Library Board meetings is protected under the first amendment, Bishop’s testimony certainly explains the “philosophical difference” described in the Library Board letter. (d) The Library Board letter also states that Oaks lacked a “proper rapport with the public” in general, but rather sought to operate the library as a personal enterprise and for the benefit and in accordance with the wishes of a small clique, rather than for the benefit of the citizens as a whole, many of whom [Oaks] seemed to disdain as common, uneducated or nonintellectual. Library Board Chairman Bishop testified that the cited reason (and even the language) was based primarily upon a letter the Library Board received from a citizen of the City of Fairhope: Two stories in last week’s paper greatly disturbed me. The first in the Courier of 6/28/79 in “Library Lines” tells that our librarian is in Dallas speaking on “Intellectual Freedom” and taking part in the activities of the “Freedom to Read Foundation.” The second in the Register of the same date, in which the librarian’s Attorney “clarifies librarian’s position” says “Blacksher noted that any actions by either party which would be disparaging of the other would be deemed a breach of the Agreement.” To me these two stories mean the librarian can continue to pursue personal aggrandization at the taxpayers (city) expense while the taxpayers (city) are threatened with another suit if “anything is done to disparage” her. Not renewing her contract (i. e., firing her) certainly would be construed as “disparagement.” ****** It is time for the silent opposition to speak out. The only change I can see [at the Fair-hope Public Library] is in the quality of the service. The Dewey Decimal System has been deified and the poor patron who needs help is an unwanted interruption with the main business of classifying and cataloging books. I had pleasanter personal service from the library at the University of Chicago than I now find in the Fairhope Public Library. I do not stand alone with these opinions nor does all the opposition come from small towns simpletons as one clique would have you believe. We include a cross section of citizens, northern newcomers as well as southern old-timers and, with the court’s permission, we would like to be considered. (Letter from Eloise T. Wilson, Bishop Affidavit ¶ 15, Exhibit 3; Bishop at 68-71). (e) Finally, the Library Board letter states that a qualified person can be obtained to serve as Director of the Library at a cost to the public considerably less than the salary you [Oaks] expect, and that you [Oaks] appear to require a larger and more expensive staff than we think necessary. The budgetary reason was primarily a concern of Library Board member Mason (Mason at 64, 96). Although Library Board Chairman Bishop did not believe Oaks was overpaid, he did testify that other applicants would serve for less and that the assistant librarian (a “professional librarian” with a masters degree hired during Oaks’ tenure) was unnecessary (Bishop at 76-79; Oaks at 24-25). The assistant librarian resigned when Oaks was terminated and was not replaced (Mason at 96). Furthermore, Oaks was admittedly replaced by a female librarian at a salary $2,000 less than Oaks was receiving. (f) Each Library Board member who voted to terminate Oaks’ employment effective September 30, 1979, testified that as of the date of the Settlement Agreement (May 25, 1979) all differences between Oaks and the Library Board were “adjusted” and that a “reconciliation” was achieved (Bishop at 12; Mason at 27-29; Shepherd at 24, 27; Settlement Agreement ¶ 1). No admissible facts after the date of the Settlement Agreement contradict the testimony and no such facts demonstrate a causal connection between Oaks’ termination and her prior lawsuit. 39. The court has conducted an exhaustive review of not only the facts cited by Oaks, but also the record as a whole. Oaks’ “retaliation” claim is based upon the simple fact that she was terminated. The fact that Oaks initiated previous federal litigation, standing alone, is admittedly barred by the Settlement Agreement (Settlement Agreement ¶ 8). Oaks’ proffered circumstantial evidence fails to raise a genuine factual issue for trial. First Amendment Claims 40. Oaks apparently admits that her first amendment claim is appropriate for summary adjudication; in opposition to summary judgment, Oaks does not even suggest that there is a genuine issue of material fact. The factual foundations of Oaks’ alleged first amendment claim, however, have been ever-changing. Oaks initially alleged that her termination infringed upon her first amendment rights of freedom of speech and freedom of the press. Oaks subsequently admitted on deposition not only that her freedom of press claim lacked factual support, but also that the specific factual allegations in support of her free speech claim (Complaint ¶ 38a through ¶ 38c) each pre-date the Settlement Agreement (Oaks at 98-99). Indeed, in her response to summary judgment Oaks candidly admitted “freedom of the press is not an issue in this case” (Oaks Response ¶ 54) and, at least for the purpose of summary judgment, states that she did not engage in any public or private expression whatsoever on a matter of public concern (Oaks Response ¶ 31). Oaks now contends that her first amendment claim is grounded upon “freedom of association”; i. e., that she was terminated because she associated with persons who opposed the political position of the defendants (Oaks Response ¶¶ 26-27). 41. Since Oaks admitted that the facts alleged in her Complaint all predated the Settlement Agreement, at deposition Oaks sought to supplement her first amendment claim with testimony that Library Board Chairman Bishop made a statement at the EEOC Fact Finding Conference on Oaks’ EEOC charge: [T]hat his decision to vote for firing [Oaks] was because, at the [August 1979] meeting of the Library Board, there were a number of people, supporters of [Oaks], present and that [Bishop] felt it was obvious that [Oaks] had been on the phone asking them to come to the Library Board meeting to support [Oaks] and that these people wanted to talk about budget on that night and that [Bishop] thought that [Oaks] had asked them to talk about budget on that night. [T]here were many people at the meeting and it was obvious that [Oaks] had been telephoning them and asking them to come to support [Oaks] and that [Oaks] had asked them to talk about library budget on that evening, the people from the audience. (Oaks at 93-94). 42. The court previously addressed the disruptive August 9th meeting of the Library Board (See Findings of Fact ¶ 14). Oaks’ testimony is that Bishop reached the termination decision because “there were many people [supporters of Oaks] at the August 9th meeting.” Bishop did not deny that the statement was substantially correct but further gave uncontroverted testimony regarding the reason he objected to the crowd at the August 9th Library Board meeting and further testified that the August 9th crowd behavior was part of a larger problem: [A]s I explained ... it was over a period of time; ... it’s a kind of a feeling that you developed by seeing how things operate. I attended meetings before this all ever came up; I saw the animosity that was going on and I felt like that these people were concentrating themselves around the director and more or less implicating her into these problems and that she was in essence causing a lot of the problems because of these people surrounding her.... [S]he stayed very close in touch with whoever they were and they did show up at meetings to agitate, intimidate and interrogate. I felt this was beyond her duty as a director. I didn’t think it was proper and I still don’t. It was like a drama club.. .. These people apparently were very close in the community and they did come in and they tried to do everything they could to disrupt the meetings if anybody went against anything they said. I felt like whether [Oaks] did it consciously or unconsciously, it happened. And it was because [Oaks] was there; they evolved around her. (Bishop at 65-66) (emphasis supplied). Bishop’s testimony regarding the disruption of Library Board business was substantiated by Oaks’ supporters (Gaston at 38-49; Bemis at 39-41). 43. Oaks’ negotiated Settlement Agreement permitted the Library Board to terminate her employment without cause effective September 30, 1979. It is undisputed that the community disruption continued unabated after the Settlement Agreement and caused disruption of Library Board meetings. Accepting as true Oaks’ contention that she did nothing to foster the disruption, under the Settlement Agreement the Library Board was free to conclude that her mere presence precipitated the disruption: I really felt like — when this settlement was reached, I really felt like we were going to be able to restore the relationship that I had felt was in existence prior to this problem. And I had hoped that this would come to pass and that termination would not be necessary.... [Tjhat’s what I thought would happen and it didn’t happen and the chasm was wider. Our community was divided, disturbed, disrupted in an increasing manner. It seemed that the problem had reached a magnitude that it would be better for her, as well as for the Library, the public in general, if a change in personnel came to pass. (Shepherd at 47-48; see also Bishop at 65-66). 44. Oaks testified that Bishop’s statement led her to believe (apparently as of the date of the EEOC fact conference) that the Library Board did not want Oaks to “promote” the Library budget (Oaks at 94). Bishop’s statement does not, however, support a finding that Bishop objected to Oaks’ “promotion” of as high a budget as the Fairhope City Council would approve (Bishop at 57-59); rather, his statement refers exclusively to the relationship among the Library Board, its employee (librarian Oaks) and the public, and the effect that the public disruption had on Library Board business. The record compels a finding that regardless whether Oaks solicited public support for herself at the August 9, 1979, meeting, she would have been terminated because of the continuing public controversy and disruption of Library Board meetings (Bishop at 65-66; Shepherd at 47-48; Finding of Fact ¶ 50, ¶¶ 11-14). As a result of the crowd reaction at the August 9, 1979 meeting, Bishop’s proposal to postpone consideration of the budget was tabled and the bottom-line budget figure in the amount proposed by Oaks was subsequently submitted to the Fairhope City Council (Bishop at 57-59; Gaston at 44-49). The City Council disapproved the entire proposed increase; instead, the City Council appropriated the same contribution that the City of Fairhope had made the previous year. Conspiracy 45. Oaks concedes that a conspiracy per se is not actionable and that under either 42 U.S.C. § 1985 or Alabama law she must adduce facts to establish a substantive claim. Since Oaks failed to adduce such facts, the “evidence” she recites as demonstrative of a purported conspiracy is unavailing. The court notes, however, that much of the evidence is based upon hearsay and surmise rather than permissible inferences from the facts. Furthermore, the court has serious doubts regarding Oaks’ interpretation of any contact between members of the Library Board and the mayor or members of the City Council in a small community such as Fairhope as demonstrative of a devious conspiracy. 46. One event cited by Oaks merits specific consideration simply because Oaks suggests that it supports retaliatory motivation as well as a conspiracy. Oaks would offer as evidence of a conspiracy that Mayor Nix obtained “commitments” from two new City Council appointees (Trisha Nelson and C. O. McCawley) in connection with Oaks’ dismissal. Councilman Stipes reported McCawley’s account: [Mayor Nix] had asked me [McCawley] would I interfere in any way with the dismissal of Mrs. Oaks and I told him I didn't know anything about the case other than what I had read in the paper and I wasn’t going to make a decision on it. It wasn't up to me and I wouldn’t stand in the way. (Stipes at 21-22). Stipes further testified that no formal commitment was made to the City Council (Stipes at 16) and that the council played no part in the termination decision (Stipes at 24-25). Oaks has steadfastly maintained that under the Settlement Agreement the City Council was to refrain from participation in the termination decision. Indeed, following the Settlement Agreement the consensus belief was that the Library Board would work without interference of the City Council (Bishop at 12-13; Mason at 30; Shepherd at 25; Nix at 24, 33; Stipes at 9-10), although nothing in the Settlement Agreement implies that the Library Board was forbidden from discussing the matter with the council. The purported commitments from two new members of the city council that they would not “interfere in any way with the dismissal of Ms. Oaks,” is certainly consistent with that interpretation. Oaks’ interpretation that the commitments were other than a pledge not to interfere is impermissible. Indeed, on deposition, Mayor Nix denied that he had solicited what Oaks counsel characterized as a “promise to support the termination of Ms. Oaks” (Nix at 20). A “promise to support termination” is a far cry from a commitment not to interfere in any way. Councilman Stipes verified that conclusion: There was discussion [regarding Oaks], what was going to happen, different ones of us said that. But we just tried to stay out — the Council, like I stated before, did not want to interfere with the [Library] Board, what the Board was going to do. But they [council members] questioned the Board and asked them different things, you know, how it was going down there. But, as far as making any discussions on what to do, I don’t think that the Council had any — I knew I didn’t; I was not going to get involved with it again because it was so stated by our attorney not to, not to have any conversations as far as with people on the street... . (Stipes at 24-25). Oaks cites no facts to suggest that such a commitment was either solicited from or proffered by the members of the Library Board. Libel And Slander — Public Figure 47. Oaks’ defamation claims are based both upon the Library Board letter specifying reasons for her termination and upon certain newspaper statements attributed to Mayor Nix in September 1979 (Complaint ¶¶ 45-47, ¶ 31b). An initial determination is whether Oaks is a “public figure” insofar as her “struggle” with the City of Fairhope is concerned (Oaks at 171). 48. After May 25, 1979, Oaks maintained her status as a prominent news figure due, in large part, to her own actions. Immediately following the settlement of her first lawsuit, Oaks’ remarks concerning the settlement were widely published in local newspapers: “Reinstated Librarian Discusses ‘Victory’,” Mobile Press-Register (May 30, 1979); “Librarian Back On Job After Court Settlement,” Independent (May 30, 1979). Oaks was profiled in the national periodica] Library Journal in both June and July of 1979, and received national exposure in Calvin Trillin’s New Yorker (July 11, 1979) magazine article entitled “U.S. Journal: Fairhope, Ala.—Control.” Indeed, on June 21, 1979, Oaks noted unabashedly in the “Library Lines” column she wrote for the Eastern Shore Courier that additional copies of The New Yorker article were available at the Library. The fact that Oaks spoke to the American Library Association Intellectual Freedom Committee in Dallas, Texas, was also publicized in the “Library Lines” column (June 28,1979). (Summary Judgment Exhibit 1 at 5-10, 50-53, 66) 49. The Library Board decision to terminate Oaks commanded a front-page headline and photograph in the Eastern Shore Courier (September 3, 1979), and Oaks offered her own reaction to a number of newspaper reporters: “Librarian to Renew ‘Dirty Book’ Fight,” Atlanta Constitution (September 30, 1979); “Librarian Eyes Court Aid,” Independent (September 5, 1979). The Atlanta Constitution article (“Librarian to Renew ‘Dirty Book’ Fight”) was carried on the Associated Press wire service and reprinted in severa