THOMPSON v. SCHOOL DIST. OF OMAHA, ETC.

No. 79-1593.

623 F.2d 46 (1980)

Maudie L. THOMPSON, Appellant, v. The SCHOOL DISTRICT OF OMAHA, IN THE COUNTY OF DOUGLAS, IN the STATE OF NEBRASKA, a political subdivision of the State of Nebraska; Dorothy Beavers, Helen Frank, Leo A. Hoffman, Charles A. Peters, Timothy Rouse, John C. Barnhart, A. L. Bergman, Paul Kennedy, Members of the Board of Education of the School District of Omaha; Owen A. Knutzen, The Superintendent of Schools, the School District of Omaha, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1980.


Attorney(s) appearing for the Case

Vard R. Johnson, Legal Aid Society, Omaha, Neb., for appellant; Robert V. Broom, Omaha, Neb., on brief.

Alex M. Clarke, Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, Neb., for appellees.

Before GIBSON, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

Maudie Thompson, a black schoolteacher, brought an action pursuant to 42 U.S.C. § 1983 challenging the termination of her employment as a tenured teacher in the Omaha public schools. She contends that her dismissal was motivated by racial considerations rather than the board's stated ground of incompetency, thereby denying her substantive due process and equal protection of the law. The trial court held that Thompson was required to prove...

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