# McGuire v. Independent School District No. 833

> Court of Appeals for the Eighth Circuit · July 24, 2017 · 863 F.3d 1030

URL: https://www.frixlaw.com/law-library/cases/9877510

## Case

- **Full name:** Nathan C. MCGUIRE, Plaintiff-Appellant v. INDEPENDENT SCHOOL DISTRICT NO. 833; Julie A. Bowlin; Thomas M. Bowlin; Chelon L. Danielson; Joy M. Szondy; Keith Jacobus, in His Individual and Official Capacities; Denise Griffith, in Her Individual and Official Capacities, Defendants-Appellees
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** July 24, 2017
- **Citations:** 863 F.3d 1030; 42 I.E.R. Cas. (BNA) 178; 2017 U.S. App. LEXIS 13255; 2017 WL 3122019
- **Precedential status:** Published
- **Opinion:** Concurrence by Colloton
- **Judges:** Loken, Colloton, Kelly
- **Cited by:** 7 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/9877510

## How later opinions describe it (automated extraction)

- finding that, for the plaintiff to have “a legitimate claim of entitlement to the renewal of his [employment] contract, he must show that the [statute] [did] not leave ‘considerable discretion’ in the hands of the School Board”

## Opinion text

COLLOTON, Circuit Judge,
concurring in the judgment.
I do not join the court’s reliance on Stevenson v. Blytheville School District # 5, 800 F.3d 955 (8th Cir. 2015), but otherwise agree with the opinion. Even this court’s broadest recognition of a constitutionally protected property interest .in the employment context, Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985), involved a state statute with criteria that “significantly guide[d] decisionmakers’ discretion.” Id. at 1294 . The Minnesota statute at issue here does not significantly guide or constrain the school board’s discretion. Indeed, although a school board is forbidden to decline renewal of a coaching contract based solely on the existence of parental complaints, it may act based on the substance of those complaints, Thiel v. Indep. Sch. Dist. No. 803, No. A16-0753, 2017 WL 74390 , at *4 (Minn. Ct. App. Jan. 9, 2017), or for any other reason."State law therefore does not grant Mr. McGuire a constitutionally protected property interest in continued employment.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9877510. Public record. Not legal advice.