McCracken

MEMORANDUM **

Joseph McCracken (“McCracken”) served as the superintendent of the Lockwood School District # 26 (“the school district”) from 1985 until 1995. Six weeks before his retirement, he and the school board executed an “addendum” to McCracken’s employment contract providing that the school district would pay lifetime health insurance premiums for McCracken and his spouse. Six years later, the school board, now comprised of new members, voted to terminate the payment of McCracken’s health insurance premiums. The McCrackens (together, “McCracken”) sued under 42 U.S.C. § 1983 , claiming that the school district deprived him of constitutionally-protected property without due process, and also brought several claims under state law. At trial, the jury found violations of § 1983, the Montana Constitution, and state tort law. The school district now appeals from the district court’s summary judgment rulings and from certain aspects of the judgment. We conclude that the district court erred in submitting the § 1983 claim to the jury; consequently, we must vacate the attorney’s fees award. We affirm the damages award, which is adequately supported by the successful state law…