Qualls

Qualls v. Cook

Good Law
245 F. App'x 624
United States Court of Appeals for the Ninth CircuitAugust 15, 2007No. 05-15473California1,049 words

Opinion

Lead Opinion

MEMORANDUM *

On November 7, 2002, plaintiff-appellant Hugh Qualls, principal of the Hawthorne Elementary and Junior High Schools for the Mineral County School District, was placed on non-disciplinary administrative leave with pay. On January 6, 2003, Qualls’s status was changed; he was suspended without pay. A five-day pre-termination hearing was held subsequently before an impartial hearing officer, who concluded that the record did not support terminating Qualls. Qualls was reinstated by the Mineral County School Board, effective June 18, 2003.

Qualls and his wife brought suit under 42 U.S.C. § 1983 , alleging that he was denied an adequate and fair process by the Mineral County School District and its superintendent, Steven Cook, acting in his individual and official capacities (collectively, “the defendants”). The district court granted summary judgment to the defendants. The Qualls now appeal. This court has jurisdiction pursuant to 28 U.S.C. § 1291 , and reviews de novo the district court’s decision to grant summary judgment. See Qwest Commc’ns, Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006). This court’s review is thus governed by the standard set out in…

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