ATLANTA - As one of the first Black school children to integrate Echols County Schools, Dr. Lana Foster, a brilliant, highly credentialed African American educator, has suffered greatly from a lifetime of racial discrimination and injustice. On March 18, 2026, the Eleventh Circuit released its decision affirming the District Court’s denial of qualified immunity in favor of GAE member Dr. Lana Foster. That means case can move forward.
Background. In 2018, Echols County Schools fired Dr. Foster on baseless allegations. In response, Dr. Foster filed, with GAE legal assistance, the underlying lawsuit accusing the district of racial bias. As a result of that suit, the school district and Dr. Foster entered a 2020 settlement that both provided relief for her individual claims and, significantly required the district to take active measures to end their discriminatory practices against African Americans. The district failed to honor the deal and has hired no Black educators since it was finalized, leading Dr. Foster to sue again in 2023. The court rejected the school district’s arguments because they were on notice of “plainly illegal conduct.”
“The district lost their immunity claims because they knowingly violated Dr. Foster’s rights. They cannot hide their discrimination behind qualified immunity,” said Mike McGonigle, GAE General Counsel and Legal Services Director. McGonigle added, “This case is also another example of why lawful DEI is desperately needed in our public schools. Our rights are at risk when institutions capitulate to authoritarianism and rolling back DEI efforts."
An elated Dr. Foster said, “I’ve been with GAE about 47 years and I swear by GAE! Thank you for your continuing help and support because without GAE, this would not have been possible!"
To read the 11th Circuit decision, click here.
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Contact:
Mike McGonigle, Esq.
678-837-1126
[email protected]
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