A lawsuit filed earlier this week by a teacher claims the Prior Lake school district violated her right to freedom of speech after a social media post made in a private Facebook group was shared publicly, and claims that the district suspended her without pay. 

The suit — filed on Wednesday by Brooke Zahn against Prior Lake-Savage Area Schools, Superintendent Dr. Michael Thomas and Jeffers Pond Elementary principal Patrick Glynn — argues public employers don't have the authority to punish an employee for comments made outside the workplace. Zahn also says retaliation and viewpoint discrimination were used to violate her right to free speech. 

Zahn, who has worked as a teacher in the district since Aug. 2016, according to the lawsuit, had a personal Facebook account using her maiden name that wasn't used for work purposes until she deactivated it earlier this year. In addition, it had a section in the "intro" section of her profile that said, "The views I share are mine & mine alone and only represent me." She was a member of a private group called "Prior Lake Light Hearted Conservative Group US," according to the lawsuit, and was interested in a political debate that spread across the country regarding immigration and border security.  

The lawsuit goes on to say Zahn knew Thomas Homan, the former Director of Immigration and Customs Enforcement and current "border czar," said "'families can be deported' together" toward the end of 2024. 

According to the lawsuit, Zahn posted the below image to the Facebook group on a Sunday afternoon "because she believed that the immigration laws should neither go unenforced nor cause family members to be separated" from each other; because she wanted to support Mr. Homan's then recent-proposal; and because it is a play on the saying, "the family that prays together stays together," which the suit argues is well-known in conservative and religious circles as a commentary on the importance of family unity. 

Her post was then shared outside the private group, including a group called Troublemakers Alliance, on the social media site BlueSky. She was eventually identified as a teacher in the district, and people who disagreed with her political views began contacting the district and asking that she be punished. 

Nearly two dozen emails were sent to the district about this, according to the court document, which goes on to say none of the messages are believed to have had a child learning in her classroom. The district then sent an email to families with children at the school, as well as staff not only at Jeffers Pond but also the district, referring to "concerns ... about a recent social media post allegedly connected to a staff member," and then invited anyone with questions or concerns about the school climate or culture to express them.

About another two dozen emails were sent to the district in the following weeks regarding the post, with some supporting her and others against it.

In the weeks that followed, Zahn said she was put on seven days of unpaid suspension, was ordered to not post content on social media that "could reasonably be perceived as inconsistent with your role as a District employee," and to go through cultural competence and inclusion professional development training. 

The lawsuit goes on to say Zahn had been given a disciplinary letter in 2021 after speaking out on social media regarding masking requirements in school due to COVID-19. The letter ordered her to "avoid any conduct that is the same or similar to the described incident." 

In a statement made through a news release, Zahn said she loves her job and is proud of her right to free speech. 

"The district's decision to punish me for my private opinions was wrong. I am standing up for my rights as a citizen and to ensure this doesn't happen to other teachers," continued Zahn, who is seeking a declaration from the defendants that they violated her rights, an injunction to remove disciplinary action from her record, as well as reimbursement for lost wages, attorneys' fees and emotional stress. 

WCCO reached out to the district for comment, and a representative responded that the district does not comment on pending litigation.