Littlejohn v. Rose

768 F.2d 765 (6th Cir. 1985)

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Nature of the Case

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Facts

Linda LittleJohn (P) was a nontenured teacher who taught for two years in the Calloway County school system in the fifth grade and was considered by her immediate superiors to be an excellent teacher. As was the custom in that system nontenured teachers got notice in April that they would not be needed for the next year; this was done to avoid an automatic renewal provision in their written contracts. Then later that summer, when requirements were determined, those teachers were approached again to enter into contracts. P received her notice in April 1982, and subsequently, P and her husband separated and divorced. During the summer when recommendations for nontenured teachers were again considered, Principal Allen wanted to rehire P but Rose (D), the superintendent, decided against hiring her as she had been involved in a divorce proceeding. P discovered the reason for her not being rehired and instituted this lawsuit under §1983. The trial court determined that P did not establish a fundamental right to employment and therefore did not articulate a viable constitutional claim and then granted a directed verdict. P appealed.