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By GRACE BARBIC
gbarbic@lawbulletinmedia.com
A former Illinois State University football coach can pursue claims that his First Amendment rights were violated when he was demoted from his position for hanging a poster on his office door stating "All Lives Matter."
Kurt Beathard sued former ISU athletic director Larry Lyons and current head football coach Brock Spack over his termination as offensive coordinator in 2020 on what he claimed to be pretextual grounds.
Lyons and Spack argued on appeal that they are entitled to dismissal of the complaint on the basis of qualified immunity.
A panel of the 7th U.S. Circuit Court of Appeals dismissed the appeal Thursday, finding that it lacks jurisdiction over it.
Circuit Judge Ilana Diamond Rovner wrote for the panel.
"Because the district court concluded that factual development was in order before it could resolve the question of qualified immunity, we dismiss the appeal for want of appellate jurisdiction," Rovner wrote.
Beathard was the football team's offensive coordinator in July 2020. He held the position for the school in 2014, 2015, 2018 and 2019. His breaks in employment were related to his late wife's illness.
In the late summer and early fall of 2020, there was tension and unrest on the ISU campus related to the death of George Floyd, a Black man killed by a white police officer in May of that year in Minneapolis, Minnesota.
As a result, some football players were threatening to boycott practice, according to court documents.
The athletic department had posters printed in support of the Black Lives Matter movement, which featured pictures of ISU student athletes and included "#Black- L i v e s M a t t e r. "
Several football coaches placed the poster on their office doors. An unknown person placed the poster on Beathard's door as well, which he removed.
He replaced the poster with a handwritten message stating, "All Lives Matter to Our Lord & Savior Jesus Christ."
Beathard alleged that another coach, who he claimed had hoped to replace him as offensive coordinator, took a picture of his poster and shared it with the team.
Some players allegedly found the message offensive and threatened to continue boycotting practices.
Meanwhile, during a Zoom address to all ISU student athletes regarding the boycotting of practices, Lyons said "All [ISU] Redbird Lives Matter." This caused further issues with the student athletes, which led to Lyons announcing his retirement the following month.
On Aug. 29, 2020, Spack asked Beathard to remove his "All Lives Matter" poster from his office door and he complied.
On Sept. 1, 2020, Spack told Beathard that he was "in trouble" because of that message. The following morning, Spack removed Beathard from his position because he didn't "like the direction of the offense," documents stated. Spack assigned Beathard to research other university teams' COVID-19 practices.
When his contract expired at the end of 2020, it was not renewed, ending his employment with the university.
Beathard sued Lyons and Spack in federal court, alleging he was improperly demoted due to the exercise of his free speech rights.
He argued the message he posted on his office door was personal speech protected by the First Amendment and not official speech associated with his job responsibilities.
Lyons and Spack filed a motion to dismiss the complaint, arguing the complaint did not set forth a viable First Amendment claim and also that they are entitled to qualified immunity.
U.S. District Court Judge James E. Shadid of the Central District of Illinois denied the motion without resolving the invocation of qualified immunity.
On appeal, Lyons and Spack argued they are entitled to qualified immunity because it would not have been clear to them in the Fall 2020 that Beathard's speech was protected as personal rather than official speech, citing Garcetti v. Ceballos, 547 U.S. 410, 421 (2006).
They also argued it would not have been clear that they could not discharge Beathard based on the disruption his speech fomented among team players, citing Pickering v. Bd. of Educ. of Tp. High Sch. Dist. 205, 391 U.S. 563 (1968).
Under Pickering analysis, a teacher's right to comment on matters of public concern must be balanced against the state's interest in the efficiency of the public services it provides through its employees, documents stated.
The district court found it premature to engage in the Pickering analysis at the pleading stage of the case.
The panel noted that an order postponing a decision on qualified immunity ordinarily is not appealable, citing Khorrami v. Rolince, 539 F.3d 782 (7th Cir. 2008).
However, Lyons and Spack suggested the decision in Abelesz v. Magyar Nemzeti Bank, 692 F.3d 661, 667 (7th Cir. 2012), "cabined" Khorrami and allowed appeals of orders postponing decisions on qualified immunity in addition to those denying qualified immunity.
The panel disagreed.
The Abelesz court held that appellate jurisdiction over denial of motion to dismiss based on foreign sovereign immunity defense did not support pendent appellate jurisdiction over rejection of separate statute of limitations defense.
Rovner found the district court's language in its order made clear the court did not think it was advisable to address qualified immunity with only the allegations of Beathard's complaint to inform its assessment.
Lyons and Spack argued the disruption that Beathard's speech incited among team members gave them the cause needed to remove him from as offensive coordinator.
Alternatively, they argued it gave them at least enough cause to be shielded by qualified immunity for his discharge.
Rovner found the complaint gave nothing concrete about the impact that Beathard's message had on players nor how that factored into the decision to remove him from his position.
"In these circumstances, it was reasonable for the district court to conclude that it required more information about the defendants' rationale for terminating Beathard before assessing whether the discharge decision was consistent with Pickering and, if not, whether that would have been clear to the defendants when they removed Beathard as offensive coordinator, " Rovner wrote.
Rovner cited Roldan v. Stroud, 52 F.4th 335, 339 (7th Cir. 2022) in stating that "in some cases, the fact-intensive nature of the claim means that resolution of a qualified immunity defense must await factual development."
The panel found the district court reasonably understood this to be the case in reaching its decision.
The other panel members included Circuit Judges Frank H. Easterbrook and Candace Jackson-Akiwumi.
Beathard is represented by South Carolina attorney Douglas A. Churdar of Churdar Law Firm and Adam W. Ghrist of Finegan Rinker & Ghrist in Bloomington, Illinois.
"Kurt is encouraged by the Court's ruling," Churdar said in a written statement. "It's been more than four years since he lost his job over a poster. He looks forward to moving his case toward trial."
Lyons and Spack are represented by Peter G. Land, Mary E. Deweese and Michael T. Raupp of Husch Blackwell LLP. They could not be reached for comment.
The case is Kurt Beathard v. Larry Lyons, et al., No. 22-2583.
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FOR IMMEDIATE RELEASE: February 25, 2026 Contact Information: Betsy McCloskey/Plaid Swan Inc. (563) 513-9499 betsy@plaidswan.com
Elgin, IL and Santa Rosa, CA — Corporate American Family Credit Union (CAFCU) and North Bay Credit Union (NBCU) announced today that their merger will become effective March 1, 2026. Together, the two organizations have formed a stronger, more versatile, and community-driven financial institution serving members across the Midwest and Northern California. The merger reflects a partnership built on shared values: exceptional member service, deep community commitment, and a mutual vision for long-term sustainable growth. “We are excited about the opportunity to bring our organizations together in a way that amplifies what both credit unions do best,” said Stefanie Rupert, president & CEO of CAFCU. “North Bay has built something special; our teams are aligned in mission and mindset. By combining our strengths, innovative technology, personalized service, and strong community presence, we believe we can deliver even greater value for all members.” Based on the most recent financial reporting as of December 31, 2025, North Bay Credit Union reported just over $114 million in assets. The combined organization benefits from greater scale, expanded product offerings, enhanced digital capabilities, and increased operational efficiencies. This transaction was completed as an assisted merger, following extensive collaboration, regulatory coordination, due diligence, and thoughtful planning by leadership teams. “North Bay Credit Union has always centered its work around the needs of our local communities, and the decision to pursue this merger was made intentionally to elevate that commitment with long-term stability, resilience, and growth,” said Darlene Brown, interim CEO of North Bay Credit Union. “Partnering with CAFCU allows us to strengthen our foundation, expand our reach, and enhance the services we can provide while staying rooted in our mission. Through Greenbax Marketplace, we also bring a unique and compliant line of business that complements CAFCU’s offerings. Both organizations are stronger together, and we look forward to what this new chapter will bring.” CAFCU’s continued expansion strengthens its presence in California while reinforcing its long-standing commitment to sustainable growth and community-focused service. Both institutions emphasized that the merger is the result of extensive collaboration and careful planning designed to ensure a seamless transition for members and employees. “This partnership reflects a shared belief in building a stronger future for our members, our teams, and the communities we proudly serve,” the organizations said in a joint statement. About Corporate American Family Credit Union (CAFCU) Corporate American Family Credit Union (CAFCU) is a long-standing, member-focused credit union headquartered in Elgin, IL. Built on decades of trust, service, and community commitment, CAFCU continues to expand its reach and capabilities through strategic growth initiatives. CAFCU remains dedicated to strengthening members’ financial well-being through accessible products, personalized service, and a people first philosophy. About North Bay Credit Union (NBCU) Founded in 1948, North Bay Credit Union has grown into a trusted community financial institution with just over $114 million in assets as of December 31, 2025. NBCU remains committed to empowering individuals, families, and local businesses with accessible, people-first financial solutions rooted in local common bonds and community values. NBCU offers compliant cannabis banking services and payment solutions through its subsidiary, Greenbax Marketplace.
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FOR IMMEDIATE RELEASE: February 17, 2026 Contact Information: Katie Lewis (217) 525-8012 katie@ioaweb.org
FOR IMMEDIATE RELEASE: February 16, 2026 Media Contact Information: Carrie Skogsberg carrie.skogsberg@countryfinancial.com
COUNTRY Financial and the Illinois High School Association (IHSA) are providing an opportunity for local high schools to win $5,000 to benefit their athletic department and student athletes through the “Sport Your School Giveaway.” Individuals can enter their school to win through May 30, 2026. This is the second time COUNTRY has held the Sport Your School Giveaway. Staunton High School was the winner of the first giveaway, which ran during the first half of the 2025-2026 school year. COUNTRY has been a sponsor of the IHSA for more than 50 years and is the presenting sponsor for 40 IHSA state championships for various high school sports throughout the 2025-2026 school year. “COUNTRY has a highly valued, longstanding relationship with the IHSA,” said Nikki Johnson, vice president of marketing at COUNTRY. “Schools are the lifeblood of our communities, and we are proud to be part of bringing championship opportunities to students and communities throughout the state.” Learn more and enter your school to win. Learn more about the partnership between COUNTRY and the IHSA.
FOR IMMEDIATE RELEASE: February 12, 2026 Media Contact Information: Bob Hubberts (847) 508-4995 bhubberts@firstillinoisrobotics.org
Chicago, Illinois – Creativity and science will come together this Saturday at the FIRST® LEGO® League Challenge Illinois State Championship at Elgin Community College, 1700 Spartan Drive, Elgin, Illinois, where 56 teams of 9- to 14-year-old students and coaches will demonstrate their problem-solving skills, creative thinking, teamwork, competitive play, sportsmanship, and sense of community. The tournament is open to the public. The robot table competition portion of the event starts at Noon on Saturday, February 14th. More than 650,000 students in over 75 countries will participate in the FIRST® UNEARTHED season. Teams will have to program robots, using LEGO Education technology, to solve a set of missions on an obstacle course set on a thematic playing surface. For the UNEARTHED challenge students will unearth hidden treasures and piece together the past as they embark on this thrilling journey of discovery. Students will identify and research a problem related to the season theme and then design and create a possible solution. They will also identify a mission strategy and design, create, and code a robot to complete missions during a 2.5-minute Robot Game. The competition is judged in three areas: innovation project; robot design, and core values, which embody aspects of teamwork and good sportsmanship. Top robot game scores are also honored. FIRST LEGO League is an international program for 9- to 14-year-olds (ages vary by country) created in a partnership between FIRST and the LEGO Group in 1998 to get students excited about science and technology – and teach them valuable career and life skills. Using LEGO® Education technologies and materials, students work alongside adult mentors to design, build, and program autonomous robots and create an innovative solution to a problem as part of their research project. After several intense weeks, the competition season culminates at high-energy, sports-like tournaments. Like any other organized “sport,” teams also fundraise, create a team identity, and go on field trips. The tournament is being run by FIRST Illinois Robotics, a 501 c3 organization focused on delivering FIRST programs in Illinois. Contact us for a list of the area schools and youth organizations with teams participating in the competition. About FIRST® FIRST® is a robotics community that prepares young people for the future through a suite of inclusive, team-based robotics programs for ages 4-18 (PreK-12) that can be facilitated in school, in structured after-school programs or by other organizations or groups of parents. Boosted by a global support system of volunteers, educators, and sponsors that include over 200 of the Fortune 500 companies, teams operate under a signature set of FIRST Core Values to conduct research, fundraise, design, build, and showcase their achievements during annual challenges. An international not-for-profit organization founded in 1989, FIRST has a proven impact on STEM learning, interest, and skill-building well beyond high school. Participants and alumni of FIRST programs gain access to education and career discovery opportunities, connections to exclusive scholarships and employers, and a place in the FIRST community for life. Learn more at firstinspires.org.
### To learn more about FIRST programs in Illinois, go to www.firstillinoisrobotics.org.
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