Good Bird v. Twin Buttes School District

20070041 Cheryle D. Good Bird, Plaintiff and Appellant
v.
Twin Buttes School District,
Melissa Starr, Darcy Lone Bear,
Hank Starr, Defendants and Appellees

Appeal from: District Court, Southwest Judicial District, Dunn County
Judge Zane Anderson
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Vance Gillette
Appellee: Pearce & Durick
Term: 05/2007   Argument: 05/08/2007  2:45pm
ND cite: 2007 ND 103
NW cite: 733 N.W.2d 601

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Due process claim. A 42 USC Sec. 1983 claim requires: acts under color of state law, and deprivation of a federal right. The district court dismissed for lack of jurisdiction saying the employee did not file a grievance, after a letter her job would be advertised. Plaintiff relies on a school law that required cause for removal. Issue: does the employee state a Sec. l983 due process claim?
2. Breach of contract claim. The school handbook terms indicate permanent employment: a) a probationary period; b) notice required or all positions of contract renewal .no later than April l5, and c) and letter on employee's intent to continue employment at the school. The district court dismissed for lack of jurisdiction, and said no written contract existed. Issue: did the district court err in dismissing plaintiff's breach of contract claim?

Appellee's Statement of the Issues:
I. Whether the district court correctly determined that it lacked subject matter jurisdiction over the appellant's claims, when she failed to exhaust her administrative remedies.
II. Whether the district court correctly dismissed the appellant's 42 U.S.C.  1983 action.
III. Whether the district court correctly dismissed the appellant's breach of contract claim when the appellant did not have a written contract with the Twin Buttes School District.

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Docket entries:
102/07/2007 NOTICE OF APPEAL: 02/06/2007
202/16/2007 $25 surcharge for efiling Appellant's Brief (receipt no. 17281)
302/20/2007 MOTION FOR Leave to Withdraw as Appellees' Counsel and Notice of Motion
402/23/2007 Notice of Appearance of Gary R. Thune & Tiffany L. Johnson for Appellees
502/27/2007 Certificate of Service on Appellees of Motion for Leave to Withdraw as Appellees' Counsel
602/27/2007 ACTION BY CLERK (Fredericks'Mot/Leave/Withdraw/Counsel/Appellees). Granted
703/06/2007 RECORD ON APPEAL (with separate correspondence nos. 1-17)
803/19/2007 APPELLANT BRIEF (e-filed)
903/19/2007 E-FILED BRIEF (ATB)
1003/19/2007 APPELLANT APPENDIX
1103/19/2007 Rec'd 7 copies of ATB from CSD
1203/22/2007 Letter from Vance Gillette dated 3-21-07 (RE: Appendix information)
1304/11/2007 APPELLEE BRIEF
1404/11/2007 APPELLEE APPENDIX
1504/12/2007 DISK - AEB (CD)
1604/30/2007 Request to waive oral argument on behalf of the Appellant
1704/29/2007 REPLY BRIEF
1804/29/2007 E-FILED BRIEF
1905/02/2007 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellant). Granted
2005/08/2007 APPEARANCES: submitted under NDRAppP 34(f) for AT; Tiffany L. Johnson
2105/08/2007 ARGUED: Johnson
2205/08/2007 ORAL ARGUMENT WEBCAST
2306/26/2007 DISPOSITION: AFFIRMED
2406/26/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2506/26/2007 Costs on appeal taxed in favor of appellees
2606/28/2007 Judgment E-Mailed to Parties
2707/19/2007 MANDATE
2807/24/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014