Robert George Heath v. James W. Cleary

Robert Heath appeals from the district court’s grant of defendants’ motion for summary judgment. The district court held that Heath’s civil rights action under 42 U.S.C. § 1983 (1976) was barred because Heath failed to exhaust administrative remedies and the issues Heath sought to litigate had previously been adjudicated in a state court proceeding. We note jurisdiction under 28 U.S.C. § 1291 (1976), and reverse.

I

In 1967 Heath was hired as an instructor in the Department of History of the California State University, Northridge (CSUN). After an initial appointment as an assistant professor, Heath was promoted to associate professor and granted tenure in 1972. From 1973 until his termination in 1977, Heath and CSUN engaged in a dispute over teaching requirements, administration of the History Department, salary, sabbatical leave, and academic freedoms. In the fall of 1976 and in the winter of 1977, CSUN instituted disciplinary proceedings against Heath for his failure to teach assigned courses or the full course load assigned him. As a result of these proceedings, CSUN dismissed Heath at the close of the 1977 spring semester.

In December 1976, Heath initiated this action under…