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Tom Wheeler, a partner of Locke Reynolds, has extensive experience representing
schools and other municipal entities throughout the United States in administrative,
trial and appellate matters. Tom has spoken extensively on civil rights
issues, addressing national organizations as diverse as the National School
Boards Association and the American Civil Liberties Union. He also has appeared
on National Public Radio.
Client Industries:
Schools, police and fire departments and other governmental entities
Representative Cases:
- Gil Garcetti v. Richard Ceballos, --- U.S. ---, 126 S.Ct. 1951 (U.S. 2005) --
Drafted amicus brief for the National School Boards Association in public
employee free speech case;
- Elk Grove Unified School District v. Michael Newdow, 542 U.S. 961 (U.S.
2003) -- Assisted in drafting amicus brief for the National School Boards
Association in the Pledge of Allegiance case;
- Board of Education of Tecumseh v. Lindsay Earls, 536 U.S. 822 (U.S. 2002) --
Drafted amicus brief for the National School Boards Association in Supreme
Court’s approval of student drug testing case
(http://supreme.usatoday.findlaw.com/supreme_court/briefs/01-332/01-332.mer.ami.nsba.pdf);
- Mayer v. Monroe County School Corporation, 474 F.3d 477 (7th Cir. 2007) --
Discharged teacher raised 1st Amendment claims in connection with the
termination of her employment following Iraq war speech in the classroom,
summary judgment for school;
- Hurt v. West Lafayette Community School Corp., 450 F.Supp. 2d 900
(N.D.Ind. 2006) -- Application of two year statute of limitations to sexual
molestation case in face of tolling/discovery argument;
- Larson v. Portage Township Schools, 856 N.E.2d 100 (Ind. Ct. App. 2006)
-- Court agreed with School that I.C. §20-6.1-4-17.3(b) “private conference”
language did not preclude school attorney or superintendent from attending
meeting;
- Northwestern School Corporation v. Linke, 734 N.E.2d 252 (Ind.Ct.App.)
vacated and reversed, 763 N.E.2d 972 (Ind. 2002) -- Approved student drug
testing under Article I, Section 11 of the Indiana Constitution.
Awards & Recognitions:
- Two-time winner, Benjamin Harrison Writing Award, Indiana State Bar
Association, 2003, 2005
- Burton Award for Legal Achievement, co-sponsored by the Library of
Congress, for article “Slamming in Cyberspace: The Boundaries of Student
First Amendment Rights,” 2004
- The Best Lawyers in America, 2007-2008
Professional Associations:
- Seventh Circuit Bar Association: Board of Governors, 2005-present
- National School Board Association: Council of School Attorneys, Board
of Directors, 2004-present, Vice President, 2008
- Defense Trial Counsel of Indiana, past Director
- Defense Research Institute
- Federalist Society
- Indiana Republican Lawyers Association, past Chair
- Federal Bar Association Indianapolis Chapter, past President
- Indianapolis Bar Association
- Boone County Bar Association
- Indiana State Bar Association
- American Bar Association
Press Releases:
Article(s):
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Assistant:
Karen Dickerson
317-237-3919
kdickerson@locke.com
Public Speaking:
- “Creative Methods of Limiting Liability
Under the ITCA,” Indiana Municipal
Lawyers Association, Municipal Law
XXIV, 2007
- “Trial Practice: Litigating Teacher First
Amendment Cases From Pickering to
Garcetti: Preparing and Trying Difficult
Free Speech and Free Exercise Cases,”
Georgia Council of School Board
Attorneys, E. Freeman Everett School
Law Seminar, 2006
- “War Protesters, Dope Smokers and
O.J. Simpson: The First Amendment in
the Classroom,” Annual School Law
Conference, NSBA Council of School
Attorneys, 2006
- “You Asked: Hot Topics in School
Law,” Indiana Association of Public
School Superintendents 57th Annual
Conference, 2006
- “Appellate Advocacy for the School
Board Attorney,” Kentucky Council of
School Board Attorneys Winter
Meeting, 2006
Education:
- Indiana University, B.S., 1984
- Indiana University School of Law, J.D.,
1987
Publications:
- “It’s a New Cyber-World Out There:
Tips to Avoid Electronic Pitfalls,” The
School Administrator, 2007
- “Cyberbullying: What Should
Schools Know and Do,” Educator’s
Guide to Controlling Sexual
Harassment, 2007
- “Striking a Faustian Bargain: The
Boundaries of Public Employee Free
Speech Rights,” Res Gestae, Indiana
State Bar Association, 2006
- “Lessons from ‘Lord of the Flies’: The
Responsibility of Schools to Protect
Students from Internet Threats and Cyber-Hate Speech,” Journal of
Internet Law, 2006
- “Schools and the Police, A
Sometimes Uneasy Alliance,”
American School Board Journal, 2005
Community Involvement:
- Indiana Election Commission, Chair
- Boone County Council, 2002-2005
- Boone County Economic Development
Commission, Board, 2003-2005
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