Elrod v. Harrisonville Cass R-IX Schools

555 F. Supp. 107, 9 Educ. L. Rep. 235, 1982 U.S. Dist. LEXIS 17307
District Court, W.D. Missouri·Decided December 22, 1982·No. No. 81-0786·Published

Opinion

ORDER

BARTLETT, District Judge.

Plaintiff was employed under a Teacher’s Indefinite Term Employment Contract with the defendant Harrison Cass R-IX Schools (hereafter District) at a salary of $23,375.00 for the 1981-82 school year. Plaintiff was assigned as an assistant principal for three years prior to signing the contract for the [108]*1081981-82 school year. In March 1981 the Board of Education for the defendant District (hereafter Board) voted to move the ninth grade to the senior high school for the following school year. Because of this reorganization and because of the strained financial condition of the district, on June 18, 1981, the Board voted to eliminate the position of full-time assistant principal, the position to which plaintiff was assigned. The following day Dr. Gerald L. Cook, superintendent of the District, notified plaintiff by letter that he had been placed on unrequested leave of absence pursuant to § 168.124 RSMo and advised him by telephone that he had the option, by reason of his status as a tenured teacher, to take a position as a teacher of social studies. Plaintiff was offered such a position but at a salary set at the appropriate step on the teacher salary schedule, which was $18,-775.00.

Plaintiff contends that he could not be placed on unrequested leave pursuant to § 168.124 RSMo because there were probationary teachers holding positions for which he was qualified. Plaintiff argues that he was merely transferred from one position to another, a power which he concedes the District had. However, plaintiff objects to changing the amount of his compensation when his duties were changed from assistant principal to tenured teacher. Plaintiff states that he “does not seek judicial review of the defendant’s action.” [Plaintiff’s Suggestions in Opposition to Defendant’s Motion to Dismiss filed November 18, 1981, at p. 2 (hereafter Plaintiff’s Suggestions).]

Federal courts are courts of limited jurisdiction. 28 U.S.C. § 1343 provides in pertinent part:

(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:
(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States ....

Plaintiff has brought this action under 42 U.S.C. § 1983 which provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....

Plaintiff has not made any allegations in his complaint or other pleadings which could be construed as constituting a violation of either plaintiff’s right to equal protection of the law or any rights secured by the Fifth Amendment. Plaintiff contends that he was denied procedural and substantive due process under the Fourteenth Amendment. Plaintiff bears the burden of demonstrating that his termination was for an impermissible reason. Buhr v. Buffalo Public School Dist. No. 38, 509 F.2d 1196, 1203, n. 8 (8th Cir.1974) (hereafter Buhr). “But the range of interests protected by procedural due process is not infinite.” Board of Regents v. Roth, 408 U.S. 564, 570, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548 (1972) (hereafter Roth). The requirements of procedural due process apply only to a deprivation of “property” or “liberty” interests. Roth, 408 U.S. at 569, 92 S.Ct. at 2705; Perry v. Sinderman, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972) (hereafter Sinderman). Plaintiff is not contending that there is a “liberty” interest involved here. “The plaintiff’s Complaint alleges he was denied a property right.” [Plaintiff’s Suggestions at p. 2.]

In order to have a “property” interest protected by procedural due process,

[A] person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expec[109] tation of it. He must, instead, have a legitimate claim of entitlement to it.. ..
Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement.

Roth, 408 U.S. at 577, 92 S.Ct. at 2709.

Whether plaintiff had a property interest and the nature of any property interest depends on the terms of plaintiff’s employment contract with defendant and the Missouri statutes governing the employment of teachers and administrators.

Although plaintiff’s attempts to package this dispute with constitutional paper and ribbon it is essentially a claim by plaintiff that his contract was breached. His dispute with the defendant is,

[The] District simply and unilaterally elected not to live up to the terms of their teaching contract. They simply and unilaterally elected to pay Mr. Elrod approximately Six Thousand and No/100 ($6,000.00) Dollars less than the contract provided. That unilateral reduction in the contract figure constitutes a taking of property without due process of law.

Reply to Second Supplemental Suggestions of Defendant, filed April 16, 1982, page 2. [By the Court’s calculation the difference in the compensation was $4,600. See Exhibits B and E of Defendant District’s Answers to Plaintiff’s Interrogatories, filed Aug. 6, 1982.]

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Elrod v. Harrisonville Cass R-IX Schools, 555 F. Supp. 107, 9 Educ. L. Rep. 235, 1982 U.S. Dist. LEXIS 17307 (W.D. Mo. 1982).

555 F. Supp. 107 (Elrod v. Harrisonville Cass R-IX Schools) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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