A federal judge dismissed with prejudice a lawsuit filed by Shayma Alzubi, Fort Worth ISD’s former choice to lead Western Hills High School, after ruling that her amended complaint did not plausibly allege violations of the First or 14th Amendment.
U.S. District Judge Mark T. Pittman granted motions to dismiss filed by FWISD, Superintendent Peter Licata and Chief of Staff Louis Kushner on Thursday in Alzubi v. Fort Worth Independent School District, No. 4:26-cv-00838-P. A separate final judgment entered August 27 closed the case at the district-court level.
“The facts alleged by Ms. Alzubi, while perhaps indicative of personal trials Alzubi has faced in her career as an educator, do not rise to the level of a constitutional deprivation,” Pittman wrote in the dismissal order listed on the public case docket.
On the motions to dismiss, Pittman accepted Alzubi’s well-pleaded allegations as true but ruled that they did not state a legally sufficient constitutional claim. The court did not conduct a trial.
As previously reported by The Dallas Express, FWISD announced Alzubi’s reassignment on May 26 after DX asked the district about social media posts tied to her Facebook account.
The posts addressed Palestine, Sharia, Black Lives Matter, DACA and the district’s COVID-19 mask policies, according to the court record. Attorneys with the CAIR Legal Defense Fund and Fort Worth attorney Jason C.N. Smith represented Alzubi.
Court Says Higher-Paying Role Was Not A Demotion
FWISD later notified Alzubi that allegations of inappropriate behavior were unsubstantiated and assigned her to a Principal Program Administrator position, according to Pittman’s order.
Alzubi previously told the court that she rejected the $130,000 district-level position because she wanted to serve as a campus principal.
Pittman had already denied immediate reinstatement in July. His final order again found no adverse employment action, a required element of First Amendment retaliation.
“A reasonable employee would likely consider an administrative leadership position with higher pay to be a promotion,” Pittman wrote. “Alzubi’s subjective preferences cannot transform her promotion into a demotion.”
The court expressly acknowledged that Alzubi’s social media posts involved matters of public concern. Pittman nevertheless ruled that her complaint failed to allege the other elements required for a retaliation claim.
Pittman also ruled that the complaint did not plausibly allege that Alzubi’s speech outweighed FWISD’s operating interests or caused the reassignment. Her complaint acknowledged district concerns about disruptions and threats, the order said.
Equal-Protection Claim Also Fails
Alzubi accused the defendants of treating her differently because of her Palestinian national origin and Muslim faith. Pittman ruled that she had not identified comparable employees who received different treatment or alleged specific facts showing discriminatory intent.
The judge granted Licata and Kushner qualified immunity and found that Alzubi had not identified an unconstitutional FWISD policy or custom.
Pittman dismissed the case with prejudice because Alzubi had already amended her complaint and, in his assessment, had alleged her best case.
“Despite the temptation to do so, the last thing our Republic needs is an unelected lawyer in a black robe interfering without cause in basic personnel decisions by our local school districts,” Pittman wrote in a footnote.
State Board of Education Member Brandon Hall (R-District 11) praised the ruling in a statement to The Dallas Express.
“This ruling is a major victory for Fort Worth families and for FWISD, which made the right decision to remove Ms. Alzubi from school leadership. The designated foreign terrorist organization CAIR thought it could bully FWISD into submission with frivolous lawfare. Instead, they learned the meaning of ‘Don’t Mess with Texas’ the hard way,” Hall said.
“Fort Worth ISD should be commended for standing their ground,” Hall added.
Abbott designated CAIR and the Muslim Brotherhood as foreign terrorist organizations and transnational criminal organizations under Texas law in November 2025. CAIR’s Texas affiliates have challenged the designation in federal court.
The Dallas Express contacted Alzubi and CAIR for comment but did not receive a response before publication.
Provided by Dallas Express
