Lower Court Summary:
This is a case involving a teacher who was dismissed without a hearing. Appellee teacher
failed to return to work after a sick leave and her employment was terminated by the
Appellant school board. When the school board refused to give the Appellee a tenure
hearing, she filed a complaint for damages based on the Teachers’ Tenure Act and violations
of her due process rights. Despite attempts to hold a tenure hearing, no hearing was ever
held. On cross-motions for summary judgment, the chancellor reinstated Appellee and
awarded her back pay. After a hearing on damages, the chancellor awarded compensatory
damages and attorney fees under 42 U.S.C. §1983. School board appeals. We affirm the
denial of the school board’s motions to dismiss and for summary judgment, but vacate and
remand the grant of Appellee’s motion for partial summary judgment. Affirmed in part,
vacated in part, and remanded.