Tammy Whitfield, whose contract as Chartiers Valley assistant school superintendent was not renewed Oct. 31, has been reinstated by a federal court ruling.

U.S. District Judge David S. Cercone granted Dr. Whitfield's preliminary injunction for reinstatement in a 59-page opinion Wednesday that also ordered the district's majority school board defendants to refrain from additional retaliation against her.

His court order provides for Dr. Whitfield's reinstatement to Oct. 31, 2009, with back pay and benefits retroactive to that date.

"I feel vindicated," Dr. Whitfield said Thursday in reaction to the decision.

School officials could not be reached for comment.

Judge Cercone agreed with Dr. Whitfield, a 22-year district employee, that some school board members had retaliated against her last year when they voted 6-3 in May to open her contract.

They subsequently took no action to negotiate a new contract because of her testimony in a November 2006 public suspension appeal hearing involving Tim McConnell, the district's basketball coach and then dean of students.

In August, Dr. Whitfield, 46, filed suit in U.S. District Court, alleging First Amendment retaliation, fraud, violation of the state Public School Code and breach of contract. Testimony in the preliminary injunction was taken in late October.

In Judge Cercone's view, Dr. Whitfield's testimony is protected speech under the First Amendment.

"Permitting the retaliation against [the] plaintiff to stand would have a chilling effect on the future testimony of any district employee where they are questioned on matters that may be against the district or one or more of its board members," the judge wrote.

Additionally, the judge questioned some of the defendants' testimony.

"[The] plaintiff and her witnesses were very credible and quite consistent in their account of the events brought into focus. In contrast, defendants' witnesses' flat denials and explanations for the actions taken were less than convincing. But even beyond the assessments that flow from credibility and demeanor, numerous aspects of the record create inferences and provide corroborating evidence in support of the plaintiff's claim," the decision reads.

Dr. Whitfield's attorney, Glen S. Downey, was pleased.

Calling the decision "comprehensive," he said it proves that "the testimony of a public employee cannot be removed from First Amendment protection. I'm really pleased for Tammy. I think the judge made the right decision."

Mr. Downey said the district has 30 days to appeal to the 3rd U.S. Circuit Court of Appeals. However, he added that any appeal would not immediately affect the preliminary injunction.

If the recent decision is not appealed, the case will proceed to trial, a process that could take as long as two years.

Dr. Whitfield is seeking more than $850,000 in compensatory damages, including salary, health insurance, bonus, vacation and differential pay, as well as punitive damages and remuneration for costs, expenses and legal fees.

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