Ted Hayes v. Phoenix-Talent School District No. 4

We consider whether Ted Hayes suffered a violation of his right to due process when he was dismissed from his probationary teaching job. He brought an action against the Phoenix-Talent School District, seeking damages and injunctive relief under 42 U.S.C. § 1983 and the fifth and fourteenth amendments. The district court dismissed his claim on a motion for summary judgment. We AFFIRM.

I. FACTS

In July 1985, Hayes was appointed principal of an elementary school in the District for a probationary term of one year under a renewable contract. He received a favorable evaluation his first year and his contract was renewed for 1986-87. Both contracts were subject to the procedures set out in Or.Rev.Stat. § 342.835 and § 342.845. The statutes provide that the district may dismiss a probationary teacher at any time for any cause considered in good faith by the board. The statutes further provide that the teacher be given a copy of the reasons for dismissal and upon request be granted a hearing by the board.

In February 1987, he was evaluated by Superintendent Diamond. In a letter to Hayes, Diamond indicated that several board members were concerned with Hayes’ leadership style but…