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McGHEE v. DRAPER

No. 79-1224.

639 F.2d 639 (1981)

Janie McGHEE, Plaintiff-Appellant, v. Daniel D. DRAPER, Superintendent; Daniel D. Draper; Floyd E. Mott; Montie Jones; Jerry Stafford; Don Larmon; and Quentin Riley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 16, 1981.

Attorney(s) appearing for the Case

David M. Silberman (Robert M. Weinberg, Washington, D. C., with him on the brief) of Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C. (and David Rubin, Washington, D. C., and Robert Hall, Houston, Tex., with him on the brief), for plaintiff-appellant.

William S. Hall, Tulsa, Okl. (Joseph R. Farris, Tulsa, Okl., with him on the brief) of Feldman, Hall, Franden, Reed & Woodard, Tulsa, Okl. (Gene A. Davis of Davis & Thompson, Jay, Okl., with him on the brief), for defendants-appellees.

Before SETH, Chief Judge, and McKAY and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

In 1974, defendants, past and present members of an Oklahoma school board, declined to renew the contract of plaintiff, a non-tenured teacher. Plaintiff brought suit under 42 U.S.C. § 1983 seeking reinstatement with backpay, damages and attorney fees. In the case's previous appearance before this court, we held that the plaintiff had shown no entitlement to the position and hence had no protected property interest. McGhee v. Draper,<...

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