Opinion

Okeson v. Tolley School District No. 25

  • 766 F.2d 378
  • 26 Educ. L. Rep. 52
Court
Court of Appeals for the Eighth Circuit
Filed
Jul 1, 1985
Status
Published
On the bench
McMillian
Cited by
2 cases
Authority
More cited than 52.4%

The opinion

ORDER ON PETITION FOR REHEARING

On petition for rehearing Chief Judge Lay and Judge Ross find that there was sufficient evidence in the record to allow the jury to pass upon the issue of good faith and the defense of qualified immunity *379 of the individual school board members. The jury was properly instructed on these issues. Under the circumstances of the return of the favorable jury verdict, we find the judgment in favor of the individual school board members should be affirmed. The qualified immunity defense was, in the instant case, a question of fact. Individual members sought and were given advice by the school board attorney that grounds for discharge existed and that no further hearing was required. This was a reasonable assumption since there was no question that Okeson had appeared before the board and that an open discussion of the board's concerns had occurred. After this confrontation, the board members could in good faith assume that the attorney’s advice was correct and that no. further hearing was necessary.

Judgment in favor of the individual members of the school board is affirmed. We agree that the panel opinion, 760 F.2d 864 , reversing the judgment in favor of the board should be reversed. 1

. The school board did not move for rehearing.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.