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CORNS v. RUSSELL COUNTY VA. SCHOOL BD.

No. 93-2485.

52 F.3d 56 (1995)

Diana G. CORNS, Plaintiff-Appellee, v. RUSSELL COUNTY VIRGINIA SCHOOL BOARD; Larry A. Massie, individually, and in his official capacity as Division Superintendent; Roger D. Sword, individually, and in his official capacity as a member of the Russell County School Board; Hugh Barrett, individually, and in his official capacity as a member of the Russell County School Board; Harold Mitchell, individually, and in his official capacity as a member of the Russell County School Board; Denny L. Jessee, individually, and in his official capacity as a member of the Russell County School Board; Olaf Porter, individually, and in his official capacity as a member of the Russell County School Board; John Henry Smith, individually, and in his official capacity as a member of the Russell County School Board, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1995.

Attorney(s) appearing for the Case

ARGUED: Scott Sanford Cairns, McGuire, Woods, Battle & Boothe, Richmond, VA, for appellants.

Mark Russell Graham and David Joseph Hutton, Boucher & Hutton, Abingdon, VA, for appellee.

ON BRIEF: Cynthia E. Hudson, McGuire, Woods, Battle & Boothe, Richmond, VA, for appellants.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

PER CURIAM:

The School Board of Russell County, Virginia, appeals the district court's entry of summary judgment in favor of Diana G. Corns. Corns maintains that the school board violated her Fourteenth Amendment due process rights by not renewing her employment contract. The dispositive issue in this appeal is whether Corns is properly classified under Virginia state law as a probationary employee with no property rights extending beyond the term...

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