Following settlement of his First Amendment retaliation claim against school board, black school board employee brought action alleging the board violated his rights under § 1981 by entering into a more favorable settlement agreement with a white male who had also sued the board alleging First Amendment violations. The District Court denied employee’s motion for recusal and granted board’s motion to dismiss. Employee appealed.
The Court of Appeals held that:
- Settlement agreement barred employee’s § 1981 claim;
- Employee’s argument that the board breached the agreement was not properly before Court of Appeals;
- Agreement was not void ad initio because white board employee allegedly received more favorable settlement; and
- District court did not abuse his discretion in deciding not to recuse.