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MITCHELL v. FANKHAUSER

No. 03-5279.

375 F.3d 477 (2004)

LeCarthy MITCHELL, Plaintiff-Appellant, v. Robin FANKHAUSER and The Board of Education of Fayette County, Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 14, 2004.

Attorney(s) appearing for the Case

John M. West (briefed), Alice Margaret O'Brien (argued and briefed), Bredhoff & Kaiser, Washington, DC, for Plaintiff-Appellant.

Robert L. Chenoweth (argued and briefed), Chenoweth Law Office, Frankfort, KY, for Defendants-Appellees.

Before GUY, GILMAN, and COOK, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

After an abbreviated pre-termination hearing, LeCarthy Mitchell was fired from his job as a school custodian for allegedly stealing school property. No post-termination hearing was provided by the school district. Mitchell filed suit pursuant to 42 U.S.C. § 1983, claiming that the school superintendent and the school district violated his constitutional right to procedural due process. The district court granted summary...

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