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eBook details

• Title: Anderson v. Evans
• Author : Sixth Circuit. United States Court Of Appeals
• Release Date : January 13, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The plaintiff, a tenured school teacher in the Haywood County, Tennessee system, who was terminated for "conduct unbecoming a teacher" and "inefficiency," appeals the district courts dismissal of her action seeking reinstatement and back pay. In her complaint Mrs. Anderson founded her action on 42 U.S.C. § 1983, alleging violation of the First Amendment right to freedom of speech and the Fourteenth Amendment right to due process of law. The defendants, members of the county board of education and its superintendent of schools, responded to the complaint with a motion to dismiss for failure to state a claim upon which relief may be granted. This motion was accompanied by two affidavits and the transcript of the "Termination of Employment Hearing" before the board of education. The plaintiff then filed a motion for summary judgment. The district court treated the two motions as cross motions for summary judgment, granted that of the defendants and dismissed the action. On appeal the plaintiff relies on the same constitutional arguments made to the district court.

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