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SCOTT v. U.S.D. NO. 377

No. 52,532

7 Kan. App. 2d 82 (1981)

638 P.2d 941

EUGENE SCOTT, in individual, Appellant-Plaintiff, v. UNIFIED SCHOOL DISTRICT No. 377, Atchison County, Kansas, Appellee-Defendant.

Court of Appeals of Kansas.

Opinion filed December 17, 1981.

Attorney(s) appearing for the Case

Wesley A. Weathers, of Ralston & Frieden, P.A., of Topeka, for the appellant.

Robert D. Caplinger, of Stillings & Caplinger, Chartered, of Atchison, for the appellee.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

WOLESLAGEL, J.:

By this appeal, the plaintiff-appellant, a discharged teacher, succeeds in his attempt to bypass the procedures set out in the Kansas Due Process Procedure Act (K.S.A. 72-5436 et seq.). He accomplishes this by withdrawing his request for a hearing provided by 72-5438 and filing an independent action pursuant to the Federal Civil Rights Act, 42 U.S.C. § 1983.

In the apparent belief that it did not have jurisdiction of a teacher contract...

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