Dist. Ct. did not err in denying defendant-Bd.’s motion to dismiss plaintiff-College President’s section 1983 action alleging that defendant’s termination of him without hearing, but with defamatory statements, deprived him of liberty and property without due process of law. Ct. rejected Bd.’s contention that plaintiff’s current employment contract was invalid because it covered period of time that was beyond terms of various Bd. members, since, under Hostrop, 523 F.2d 1569, Illinois statute (110 ILCS section 805/3-32) which permits instant Bd. to establish tenure policies for employment of teachers and administrative personnel, allowed defendant to enter into plaintiff’s current employment contract. Dist. Ct. could also properly deny defendants-Bd. members contention that they were entitled to qualified immunity when terminating plaintiff, since: (1) established case law holds that plaintiff was entitled to hearing, where plaintiff alleged that defendants had defamed him as part of his discharge; and (2) plaintiff had legitimate claim of entitlement to keep his job, and thus was entitled to hearing on matter to determine whether he was guilty of misconduct.
Federal 7th Circuit Court
Civil Court
Section 1983 Action