Case Abstracts
Baird v. Board of Education for Warren Community Unit School Dist. No. 205
389 F.3d 685 (7th Cir. 2004)
School superintendent filed complaint in state court against school board and its individual members, alleging claim for breach of contract and § 1983 claim for deprivation of procedural due process. Action was removed to federal court. The United States District Court for the Northern District of Illinois denied superintendent‘s motion for partial summary judgment as to § 1983 liability on based on inadequacy of pre-termination procedures, granted board‘s motion for summary judgment on procedural due process claim, and declined to exercise supplemental jurisdiction over breach of contract claim, remanding it back to state court. Superintendent appealed. The Court of Appeals held that: (1) in circumstances presented, state breach of contract action did not provide adequate due process to protect rights of school superintendent facing termination whose pre-termination hearing fell short of due process requirements; (2) superintendent did not waive his procedural due process claim by attending his pre-termination hearing only to object to its procedures; and (3) board members were not entitled to absolute or qualified immunity.
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