# Decker v. North Idaho College

> Court of Appeals for the Ninth Circuit · April 20, 1977 · 552 F.2d 872

URL: https://www.frixlaw.com/law-library/cases/8901859

## Case

- **Full name:** A. N. DECKER v. NORTH IDAHO COLLEGE, Barry G. Schuler, President of North Idaho College, the Board of Trustees of North Idaho College, E. A. Seiter, Chairman of the Board of Trustees of North Idaho College, and Dr. Lynn C. Fredrickson, Josephine Webb, Jay Couch and Dr. James R. Barton, Individually and as Members of the Board of Trustees of North Idaho College
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 20, 1977
- **Citations:** 552 F.2d 872
- **Precedential status:** Published
- **Opinion:** Dissent by Browning
- **Judges:** Browning, Kilkenny, Pelt
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8901859

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8901859. Public record. Not legal advice.