BAIRD v. BOARD OF EDUC. SCHOOL DIST. # 205

No. 03-3630.

389 F.3d 685 (2004)

Kelly BAIRD, Plaintiff-Appellant, v. BOARD OF EDUCATION FOR WARREN COMMUNITY UNIT SCHOOL DISTRICT NO. 205, Jo Daviess County, Illinois, Monica Stephan, Analisa Cleary, Judy Gates, Mary Vincent, Joseph Green, Donald Hill, and Robert Lethlean, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 12, 2004.


Attorney(s) appearing for the Case

John B. Murphey (argued), Rosenthal, Murphey, Coblentz & Janega, Chicago, IL, for Plaintiff-Appellant.

Nancy F. Krent (argue), Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, IL, for Defendants-Appellees.

Before CUDAHY, ROVNER and WILLIAMS, Circuit Judges.


CUDAHY, Circuit Judge.

Here we confront the question whether a state breach of contract action provides adequate due process to protect the rights of a school superintendent facing termination, whose pre-termination hearing fell short of due process requirements. For the reasons to be set forth, we conclude that, in the circumstances presented, it does not. We also hold that the superintendent to be terminated did not waive his procedural due process claim by attending...

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