Good Bird v. Twin Buttes School District
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| 20070041 |
Cheryle D. Good Bird, Plaintiff and Appellant
v.
Twin Buttes School District,
Melissa Starr, Darcy Lone Bear,
Hank Starr, Defendants and Appellees
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| Appeal from: |
District Court,
Southwest Judicial District,
Dunn County
Judge Zane Anderson |
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Nature of Action: |
Employer/Employee Dispute
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| Counsel: |
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| Term: |
05/2007 Argument: 05/08/2007 02:45pm
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| ND cite: |
2007 ND 103
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| NW cite: |
733 N.W.2d 601
Listen to recording of oral argument
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| 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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| 1 | | 02/07/2007 | |
NOTICE OF APPEAL: 02/06/2007 |
| 2 | | 02/16/2007 | |
$25 surcharge for efiling Appellant's Brief (receipt no. 17281) |
| 3 | | 02/20/2007 | |
MOTION FOR Leave to Withdraw as Appellees' Counsel and Notice of Motion |
| 4 | | 02/23/2007 | |
Notice of Appearance of Gary R. Thune & Tiffany L. Johnson for Appellees |
| 5 | | 02/27/2007 | |
Certificate of Service on Appellees of Motion for Leave to Withdraw as Appellees' Counsel |
| 6 | | 02/27/2007 | |
ACTION BY CLERK (Fredericks'Mot/Leave/Withdraw/Counsel/Appellees). Granted |
| 7 | | 03/06/2007 | |
RECORD ON APPEAL (with separate correspondence nos. 1-17) |
| 8 | | 03/19/2007 | |
APPELLANT BRIEF (e-filed) |
| 9 | | 03/19/2007 | |
E-FILED BRIEF (ATB) |
| 10 | | 03/19/2007 | |
APPELLANT APPENDIX |
| 11 | | 03/19/2007 | |
Rec'd 7 copies of ATB from CSD |
| 12 | | 03/22/2007 | |
Letter from Vance Gillette dated 3-21-07 (RE: Appendix information) |
| 13 | | 04/11/2007 | |
APPELLEE BRIEF |
| 14 | | 04/11/2007 | |
APPELLEE APPENDIX |
| 15 | | 04/12/2007 | |
DISK - AEB (CD) |
| 16 | | 04/30/2007 | |
Request to waive oral argument on behalf of the Appellant |
| 17 | | 04/29/2007 | |
REPLY BRIEF |
| 18 | | 04/29/2007 | |
E-FILED BRIEF |
| 19 | | 05/02/2007 | |
ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellant). Granted |
| 20 | | 05/08/2007 | |
APPEARANCES: submitted under NDRAppP 34(f) for AT; Tiffany L. Johnson |
| 21 | | 05/08/2007 | |
ARGUED: Johnson |
| 22 | | 05/08/2007 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 06/26/2007 | |
DISPOSITION: AFFIRMED |
| 24 | | 06/26/2007 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 25 | | 06/26/2007 | |
Costs on appeal taxed in favor of appellees |
| 26 | | 06/28/2007 | |
Judgment E-Mailed to Parties |
| 27 | | 07/19/2007 | |
MANDATE |
| 28 | | 07/24/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |