LVUSD schoolteacher Rachel McKagan filed a lawsuit in the Central District of California federal court last Friday against LVUSD, the superintendent, and all board members. The story has been picked up by several major outlets, including NBC.
The lawsuit stems from a mid-September incident in which the Mariposa schoolteacher criticized conservative activist Charlie Kirk following his assassination, writing that “he got what he deserved” in a public Facebook post.
According to the suit, “Plaintiff posted a message on her personal Facebook account, which she believed was visible only to her friends.”
McKagan removed the post four hours later upon the urging of Mariposa Principal Lesli Martinez, and was warned by the Assistant Superintendent of Human Resources for LVUSD that there would be a “media frenzy.” Two days later, the board publicly condemned her actions in a Facebook statement, and announced they would be moving forward with termination.
McKagan was removed from the classroom for just over two months, but returned to her normal teaching position on November 10, 2025, and is now seeking damages on seven claims: Violation of First Amendment Rights; Defamation; Political Activity Retaliation; Retaliation; Violation of the Brown Act; Violation of Due Process; and Violation of Right to Privacy.
The plaintiffs claim that LVUSD violated her first amendment rights due to her statement having been made and posted off campus, while off duty, on her personal device and social media account, and was an expression of her personal beliefs.
Additionally, the suit says, “Defendants’ actions constitute retaliation against Plaintiff for exercising her First Amendment rights and have chilled her speech and the speech of other LVUSD employees who fear similar retaliation.”
Furthermore, the suit claims that the “defamatory story” posted on behalf of LVUSD has caused ongoing harm to McKagan.
“On information and belief and based on measurable public “impressions,” approximately 2 million people encountered the defamatory story,” said Rachel McKagan v. LVUSD.
According to NBC, McKagan’s attorney David Ratner, said, in an email, “[McKagan] does not regret posting her opinion about Mr. Kirk on Facebook.”
The Courier has reached out to Superintendent Dan Stepenosky and Board President Dallas Lawrence, but neither have responded to requests for comment.
