RICHARDS v. BOARD OF EDUCATION

No. 303.

58 Wis.2d 444 (1973)

206 N.W.2d 597

RICHARDS, Appellant, v. BOARD OF EDUCATION, JOINT SCHOOL DISTRICT No. 1, CITY OF SHEBOYGAN, TOWNS OF SHEBOYGAN, WILSON and MOSEL, SHEBOYGAN COUNTY; TOWN OF CENTERVILLE and VILLAGE OF CLEVELAND, MANITOWOC COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided May 1, 1973.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Walter, Hopp & Hodson of Sheboygan.

For the respondents the cause was submitted on the brief of Clarence H. Mertz, Sheboygan city attorney.

A brief amicus curiae was filed by Goldberg, Previant & Uelman, attorneys, and John S. Williamson, Jr., of counsel, all of Milwaukee, for Wisconsin Federation of Teachers.

On Motion for Rehearing:

A brief was filed by Walter, Hopp & Hodson, of Sheboygan, for the appellant.

A brief was filed by Clarence H. Mertz, Sheboygan city attorney, for the respondents.

A separate brief amicus curiae was filed by each of the following: (a) John A. Lawton, John H. Bowers, John C. Carlson, Bruce F. Ehlke, and Lawton & Cates, all of Madison, for the Professional Firefighters of Wisconsin, the Wisconsin Council of County & Municipal Employees, the Wisconsin Education Association Council, and the Wisconsin Policemen's Protective Association;

(b) Richard Perry and Perry & First, all of Milwaukee, for the Milwaukee Teachers Education Association; and

(c) Robert W. Warren, attorney general, and Charles D. Hoornstra, assistant attorney general, for the Wisconsin Employment Relations Commission.


Submitted under sec. (Rule) 251.54 March 29, 1973.

CONNOR T. HANSEN, J.

The following issues are determinative of this appeal:

1. Is the defendant's refusal to relate the reasons for plaintiff's dismissal as basketball coach and to afford plaintiff a hearing thereon in violation of the due process clause of the fourteenth amendment of the Constitution of the United States?

2. Did the defendant violate state law in failing to give preliminary...

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