Rendell Noel Mabey, Jr. v. Ronald Reagan

Mabey, a former untenured faculty member at Fresno State College [the “College,” now California State University at Fresno], brought suit under 42 U.S.C. § 1983 against the Trustees of the California State Colleges, the Chancellor of the State College System and the President of the College [collectively herein called the “College” or the “appellants”]. He alleged that the College had declined to reappoint him to his probationary teaching position as a direct result of exercise of his constitutionally-protected right of freedom of expression and that he had been denied administrative procedures due him under Article 7 of Title 5 of the California Administrative Code. The district court granted summary judgment for Mabey on both claims and the College has appealed.

Mabey was first appointed as a probationary academic employee in the College’s philosophy department for the 1968-69 year. The College reappointed him for the next year. Both of these contracts were for one year. Mabey does not claim that he was de facto tenured.

On November 25, 1970, the President of the College informed Mabey by letter that his contract would not be renewed. The letter contained no…