Charles Kyle v. Morton High School, District 201, Margaret A. Kelly, Judy Thompson

144 F.3d 448, 1998 U.S. App. LEXIS 9443, 73 Empl. Prac. Dec. (CCH) 45,374, 1998 WL 231100
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 11, 1998
Docket97-2081
StatusPublished
Cited by100 cases

This text of 144 F.3d 448 (Charles Kyle v. Morton High School, District 201, Margaret A. Kelly, Judy Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Kyle v. Morton High School, District 201, Margaret A. Kelly, Judy Thompson, 144 F.3d 448, 1998 U.S. App. LEXIS 9443, 73 Empl. Prac. Dec. (CCH) 45,374, 1998 WL 231100 (7th Cir. 1998).

Opinions

PER CURIAM.

One of the defendants, Morton High School (Morton), did not renew the teaching contract of the plaintiff, Charles Kyle. Kyle sued the school district and members of its board in federal court, seeking damages and equitable remedies for deprivation of various federal constitutional rights under the Civil Rights Act of 1871, Rev. Stats. §§ 1979,1980, as amended, 42 U.S.C. §§ 1983, 1985(3), and for wrongful termination and intentional infliction of emotional distress under Illinois law. The district court dismissed the federal causes of actions for failure to state a claim upon which relief can be granted, see Fed.R.Civ.P. 12(b)(6), and, in the absence of the federal claims, declined to exercise supplemental jurisdiction over Kyle’s state law counts, see 28 U.S.C. § 1367(c)(3).

Kyle appeals, contending the district court dismissed his federal' claims improperly. The dismissal ended Kyle’s district court ease, and we now conduct an independent review of the propriety of the dismissal. See 28 U.S.C. §§ 1291, 1294; Salve Regina College v. Russell, 499 U.S. 225, 238, 111 S.Ct. 1217, 113 L.Ed.2d 190 (1991); Stevens v. Umsted, 131 F.3d 697, 700 (7th Cir.1997). In our review we consider well-pleaded factual allegations in the complaint to be true. We make permissible inferences in the plaintiffs favor, and our recitation of the facts reflects this principle. See Mallett v. Wisconsin Div. of Vocational Rehabilitation, 130 F.3d 1245, 1248 (7th Cir.1997).

According to Kyle’s amended complaint, he was the Director of Community Education and Assistant to the Superintendent at Morton in Cicero, Illinois. At a special meeting of the Morton Board of Education (the Board) on March 27, 1996 (the Board Meeting), the Board resolved to honorably dismiss certain support staff employees. The Board explained that the employees’ positions were being eliminated to save money. According to the complaint, however, “[t]he reason alleged by the Board for the elimination of Plaintiffs position was a sham. There was no financial benefit to Morton eliminating Plaintiffs position.” The complaint states that “[sjhortly after the March 27, 1996, executive session, Plaintiff was advised by a Board Member and others who attended the meeting that the reason for Plaintiffs termination was for political and advocacy reasons. Thus, Defendants acted in knowing violation of Plaintiffs First Amendment rights to free speech and association.” The complaint also alleges that the “named individual defendants have acted together and in conspiracy with other individuals who are politicians or political functionaries to deprive Plaintiff of his position, to hinder and harass him in seeking new employment or contract work and to generally punish Plaintiff for political [451]*451and advocacy activities which the conspirators deemed adverse to their political interests and which they intended to stifle by their actions against Plaintiff.” Am. Compl. ¶¶ 3, 6, 8,10,12.

I. Due process claim

In Count I of the complaint, Kyle maintains that under the Illinois School Code he was entitled to a written notice of dismissal that specified the true reason he was fired.1 Kyle argues that because his notice of dismissal allegedly gave an inaccurate reason for his termination, he was dismissed without adequate notice of his dismissal. In Kyle’s memorandum in opposition to the motion to dismiss, Kyle also asserted that the Board failed to comply with the Illinois Open Meetings Act, 5 Ill. Comp. Stat. 120/1-3, because the record of the Board Meeting does not reflect any discussion of the reasons for Kyle’s termination.2 Because of these alleged procedural irregularities, Kyle argues, his firing deprived him of due process and a property interest in his public employment.

The district court concluded that, as a nontenured teacher, Kyle had no property interest in his job under Illinois law. Therefore, the Constitution did not entitle Kyle to due process. See Austin v. Board of Educ., 562 F.2d 446, 452 (7th Cir.1977); Miller v. School Dist. No. 167, 500 F.2d 711, 712 (7th Cir.1974). Kyle asserts that under Illinois ease law subsequent to Austin and Miller, when the notice of termination does not provide the true reason for a nontenured teacher’s dismissal, the dismissal is void. The district court rejected the plaintiffs interpretation of these more recent state cases, Hampson v. Board of Education, 215 Ill.App.3d 817, 159 Ill.Dec. 385, 576 N.E.2d 54 (Ill.App.Ct.1991), and Howard v. Board of Education, 160 Ill.App.3d 309, 112 Ill.Dec. 131, 513 N.E.2d 545, 547 (Ill.App.Ct.1987), on the grounds that “in the plaintiffs ease defendants did specify the reason for his dismissal—shortage of funds. Therefore, the notice the plaintiff received was not defective.” The district court did not address Kyle’s contention that the Board violated the Open Meetings Aet by failing to record any discussion of the reasons for Kyle’s termination.

On Kyle’s claim of a due process violation for deprivation of a property interest in his probationary teaching position, the district court read our precedents correctly. Kyle’s due process claim fails because, under Illinois law, he had no property interest in his job at Morton. Thus, for Due Process Clause purposes, it is irrelevant whether the notice of dismissal of a probationary teacher violated the procedural requirements of the Illinois School Code, or whether the Board Meeting complied with the Illinois Open Meetings Act. Even assuming that intervening decisions by the Illinois appellate courts after Miller established stricter procedural requirements for the dismissal of a probationary teacher- under the Illinois School Code, these procedural refinements could not create a property interest in Kyle’s position as a probationary teacher. See Fleury v. Clayton, 847 F.2d 1229, 1231 (7th Cir.1988); see also Patterson v. Portch, 853 F.2d 1399, 1405 (7th Cir.1988) (noting property interest for [452]*452due process purposes requires that “the law establish[ ] substantive criteria for when the plaintiff could be deprived of the interest”) (emphasis added); cf. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 1493, 84 L.Ed.2d 494 (1985) (“[T]he Due Process Clause provides that certain substantive rights—life, liberty, and property—cannot be deprived except pursuant to constitutionally adequate procedures. The categories of substance and procedure are distinct.”). Kyle does not claim that developments in Illinois law since Miller have established that a probationary teacher can be fired only for misconduct, so it is still true that a probationary teacher lacks a property interest in his job for Due Process Clause purposes.

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Bluebook (online)
144 F.3d 448, 1998 U.S. App. LEXIS 9443, 73 Empl. Prac. Dec. (CCH) 45,374, 1998 WL 231100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-kyle-v-morton-high-school-district-201-margaret-a-kelly-judy-ca7-1998.