Opinion

Decker v. North Idaho College

  • 552 F.2d 872
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 20, 1977
Status
Published
Author
Browning
On the bench
Browning, Kilkenny, Pelt
Cited by
6 cases
Authority
More cited than 18.9%

The opinion

BROWNING, Chief Judge,

dissenting:

The district court found appellees violated appellant’s due process rights by denying him a pretermination hearing. See Board of Education v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972); Perry v. Sindermann, 408 U.S. 593 , 92 S.Ct. 2694 , 33 L.Ed.2d 570 (1972). The appropriate remedy for such a violation is reinstatement with back pay. Skehan v. Board of Trustees, 501 F.2d 31, 40 (3d Cir. 1974), vacated on other grounds, 421 U.S. 983 , 95 S.Ct. 1986 , 44 L.Ed.2d 474 (1975), opinion on remand, 538 F.2d 53, 63 (3d Cir. 1976); Wellner v. Minnesota State Junior College Board, 487 F.2d 153,157 (8th Cir. 1973); see Vitarelli v. Seaton, 359 U.S. 535, 545, 546 , 79 S.Ct. 968 , 3 L.Ed.2d 1012 (1959); Greene v. United States, 376 U.S. 149,161-62 , 84 S.Ct. 615 , 11 L.Ed.2d 576 (1964); cf. Mt. Healthy City School District v. Doyle, - U.S. -, 97 S.Ct. 568, 574 , 50 L.Ed.2d 471 (1977); Wagie v. Murray, 546 F.2d 1329, 1336 (9th Cir. 1976). This remedy is particularly appropriate here because appellant was tenured and tenure was granted with full knowledge of two of the three condi *876 tions subsequently given as reasons for non-retention.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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