Mary C. Gray v. Union Cnty. Intermediate Educ. Dist., a Political Subdivision, 520 F.2d 803 (9th Cir. 1975). · Go Syfert
Mary C. Gray v. Union Cnty. Intermediate Educ. Dist., a Political Subdivision, 520 F.2d 803 (9th Cir. 1975). Cases Citing This Book View Copy Cite
“he concern is only with the type of stigma that seriously damages an individual's ability to take advantage of other employment opportunities”
125 citation events (11 in the last 25 years) across 39 distinct courts.
Strongest positive: Perry v. City of Orofino (idd, 2025-08-05)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Perry v. City of Orofino (3×) also: Cited as authority (rule)
D. Idaho · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he concern is only with the type of stigma that seriously damages an individual's ability to take advantage of other employment opportunities
discussed Cited as authority (rule) Erwine v. Churchill County
D. Nev. · 2022 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir. 6 1975) (statements of deliberate undermining of social agencies, insubordination, incompetence, 7 hostility toward authority and aggressive behavior were not stigmatizing). 8 If it adopted Plaintiff’s three-tiered analysis, the Court would hold that the Trotter Memo 9 falls into the middle ground whereby a statement is only sufficiently stigmatizing if it were to 10 effectively exclude one from his chosen profession.
discussed Cited as authority (rule) Chaudhry v. Smith
E.D. Cal. · 2021 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir. 25 1975) (finding that the defendant’s accusations of “insubordination, incompetence, hostility toward authority, and aggressive behavior”—while 26 unflattering—did not “import serious character defects such as dishonesty or 27 33 The Siegert court did not utilize the precise term “substantially false.” Siegert, 500 U.S. at 234 . 28 56 Case 1:16-cv-01243-SAB Document 183 Filed 09/29/21 Page 57 of 99 1 immorality,” and thus were not sufficient to state a due process claim); Wheaton v. Webb-Petett, 931 F.2d 613, 617 (9th Cir. 1991) (holding th…
cited Cited as authority (rule) McCormick v. District of Columbia
D.D.C. · 2012 · confidence medium
Intermediate Ed. Dist., 520 F.2d 803, 806 (9th Cir. 1975).
cited Cited as authority (rule) McCormick v. District of Columbia
D.D.C. · 2012 · confidence medium
Intermediate Ed. Dist., 520 F.2d 803, 806 (9th Cir.1975).
cited Cited as authority (rule) Westwood v. City of Hermiston
D. Or. · 2011 · confidence medium
See, e.g., Stretten v. Wadsworth Veterans Hosp., 537 F.2d 361, 365-66 (9th Cir.1976); Gray v. Union County Intermediate Ed. Dist., 520 F.2d 803, 806 (9th Cir.1975).
discussed Cited as authority (rule) Anthoine v. North Central Counties Consortium
E.D. Cal. · 2008 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975) (charges of “insubordination, incompetence, hostility toward authority, and aggressive behavior” *1192 are insufficiently stigmatizing to implicate a constitutional liberty interest).
cited Cited as authority (rule) Wuchte v. McNeil
N.C. Ct. App. · 1998 · confidence medium
See Sigmon v. Poe, 564 F.2d 1093, 1096 (4th Cir. 1977); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975).
discussed Cited as authority (rule) Louis P. Camjudgesli v. Robert L. Bockrath, and Daniel Boggan (2×)
9th Cir. · 1996 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975).
discussed Cited as authority (rule) Michael David Crill v. Ralph J. Capaul Robert H. Beck the City of Coeur D'alene, Idaho
9th Cir. · 1995 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir. 1975). 8 Capaul's assertion that Crill "formulated" his suit for wrongful discharge is most reasonably interpreted as Capaul's personal opinion as to the merits of Crill's suit rather than as an accusation of dishonesty based on facts known to Capaul.
cited Cited as authority (rule) Donald v. Hunt
6th Cir. · 1994 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975).
cited Cited as authority (rule) Gregory v. Hunt
6th Cir. · 1994 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975).
cited Cited as authority (rule) Hyland v. Wonder
9th Cir. · 1992 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975) (suggestion that employee has difficulty getting along does not deprive individual of liberty because it does not "import serious character defects").
cited Cited as authority (rule) Hyland v. Wonder
9th Cir. · 1992 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975) (suggestion that employee has difficulty getting along does not deprive individual of liberty because it does not “import serious character defects”).
discussed Cited as authority (rule) Quality Technology Co. v. Stone & Webster Engineering Co.
E.D. Tenn. · 1990 · confidence medium
Ed. Dist., 520 F.2d 803, 806 (9th Cir.1975); Lake Michigan College Fed. of Teachers v. Lake Michigan Comm. College, 518 F.2d 1091 , 1097 (6th Cir.), cert. denied, 427 U.S. 904 , 96 S.Ct. 3189 , 49 L.Ed.2d 1197 (1975); Abeyta v. Town of Taos, 499 F.2d 323, 332 (10th Cir.1974); Schwartz v. Thompson, 497 F.2d 430, 432 (2d Cir.1974).
discussed Cited as authority (rule) Les E. Roley v. Pierce County Fire Protection District No. 4, a Municipal Corporation of the State of Washington
9th Cir. · 1989 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir.1975) (deliberate undermining of social agencies, insubordination, incompetence, hostility toward authority and aggressive behavior); Jablon v. Trustees of California State Colleges, 482 F.2d 997, 1000 (9th Cir.1973), cert. denied, 414 U.S. 1163 , 94 S.Ct. 926 , 39 L.Ed.2d 116 (1974) (poor teacher and scholar).
cited Cited as authority (rule) Adams v. School Dist. No. 5 of Jackson County, Or.
D. Or. · 1988 · confidence medium
See, e.g., Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 365-66 (9th Cir.1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir.1975).
discussed Cited as authority (rule) Bristol Virginia School Board v. Quarles
Va. · 1988 · confidence medium
Cir. 1977) (marginal and substandard performance); Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 363, 366 (9th Cir. *117 1976) (unsatisfactory performance and “other considerations”); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975) (nonrenewal due to “student and parent problems,” insubordination, incompetence, hostility toward authority, aggressive behavior); Lake Mich. Col.
discussed Cited as authority (rule) Blair v. City of Winchester
Ky. Ct. App. · 1987 · confidence medium
We believe that Blair is entitled to recover from these defendants if in fact his termination was only “partially in retaliation for the exercise of a constitutional right....” Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975).
discussed Cited as authority (rule) McCracken v. City of Chinook, Mont.
D. Mont. · 1987 · confidence medium
The Court of Appeals for the Ninth Circuit has recognized that an individual’s interest in liberty is affected, for purposes of requiring procedural due process, only when dismissal imposes “a stigma that seriously damages an individual’s ability to take advantage of other employment opportunities.” Gray v. Union County Intermediate Education Dist., 520 F.2d 803, 806 (9th Cir.1975).
discussed Cited as authority (rule) Burk v. Unified School Dist. No. 329, Wabaunsee Cty. (2×)
D. Kan. · 1986 · confidence medium
See Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 365-66 (9th Cir. 1976); Gray v. Union County Intermediate Educational District, 520 F.2d 803, 806 (9th Cir.1975).
discussed Cited as authority (rule) Leese v. Baltimore County
Md. Ct. Spec. App. · 1985 · confidence medium
See Munson v. Friske, 754 F.2d 683, 693 (7th Cir.1985) (employee disobeyed orders); Hadley v. County of DuPage, 715 F.2d 1238 (7th Cir.1983) (mismanagement), cer t. denied, ___ U.S. ___, 104 S.Ct. 1000 , 79 L.Ed.2d 232 (1984); Gray v. Union Intermediate County Education District, 520 F.2d 803, 806 (9th Cir.1975) (insubordination, incompetence hostility toward others); Blair v. Board of Regents, 496 F.2d 322, 324 (6th Cir.1974) (failure to meet minimum professional standards).
cited Cited as authority (rule) Marshall J. Orloff, M.D. v. Max Cleland, as Administrator, of the Veterans Administration
9th Cir. · 1983 · confidence medium
See id.; Stretten v. Wadsworth Veterans Hospital, 537 F.2d at 365-66; Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir.1975).
cited Cited as authority (rule) Hicks v. Stone
La. Ct. App. · 1982 · confidence medium
See, e.g., Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 365-66 (9th Cir.1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir.1975).
cited Cited as authority (rule) Ernest Leon Clemons v. Dougherty County, Georgia
11th Cir. · 1982 · confidence medium
Dist., 520 F.2d 803, 806 (9th Cir. 1975); Jablon v. Trustees of California State Colleges, 482 F.2d 997, 1000 (9th Cir. 1973), cert. denied, 414 U.S. 1163 , 94 S.Ct. 926 , 39 L.Ed.2d 116 (1974).
cited Cited as authority (rule) Robertson v. Rogers
4th Cir. · 1982 · confidence medium
See Sigmon v. Poe, 564 F.2d 1093, 1096 (4th Cir. 1977); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975).
cited Cited as authority (rule) Robertson v. Rogers
4th Cir. · 1982 · confidence medium
See Sigmon v. Poe, 564 F.2d 1093, 1096 (4th Cir. 1977); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975).
discussed Cited as authority (rule) Bomhoff v. White
D. Ariz. · 1981 · confidence medium
The Ninth Circuit has acknowledged that *491 nearly any reason for dismissal is potentially a “negative reflection on an individual’s ability, temperament, or character.” Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975), and accordingly, “the concern is only with the type of stigma that seriously damages an individual’s ability to take advantage of other employment opportunities”.
cited Cited as authority (rule) Bollow v. Federal Reserve Bank of San Francisco
9th Cir. · 1981 · confidence medium
See, e. g., Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 365-66 (9th Cir. 1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975).
cited Cited as authority (rule) Bollow v. Federal Reserve Bank
9th Cir. · 1981 · confidence medium
See, e. g., Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 365-66 (9th Cir. 1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975).
discussed Cited as authority (rule) Anderson v. Low Rent Housing Commission
Iowa · 1981 · confidence medium
See, e. g., Norbeck v. Davenport Community School District, 545 F.2d 63, 69 (8th Cir.1976), ce rt. denied, 431 U.S. 917 , 97 S.Ct. 2179 , 53 L.Ed.2d 227 (1977) (employee charged with poor judgment and conduct failing to meet professional standards); Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 366 , (9th Cir.1976) (pathology resident charged with incompetence and inability to get along with coworkers); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir.1975) (teacher terminated for student and parent problems, undermining community social agencies, insub…
discussed Cited as authority (rule) Anderson v. LOW RENT HOUSING COM'N, ETC.
Iowa · 1981 · confidence medium
See, e. g., Norbeck v. Davenport Community School District, 545 F.2d 63, 69 (8th Cir. 1976), cert. denied, 431 U.S. 917 , 97 S.Ct. 2179 , 53 L.Ed.2d 227 (1977) (employee charged with poor judgment and conduct failing to meet professional standards); Stretten v. Wadsworth Veterans Hospital, 537 F.2d 361, 366 , (9th Cir. 1976) (pathology resident charged with incompetence and inability to get along with coworkers); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975) (teacher terminated for student and parent problems, undermining community social agencies, ins…
discussed Cited as authority (rule) Nufer v. Village Board of Village of Palmyra
Wis. · 1979 · confidence medium
Tenn., 496 F.2d 322, 324 (6th Cir. 1974) (employee “fail[ed] to meet minimum standards”); Paige v. Harris, 584 F.2d 178, 183-84 (7th Cir. 1978) (employee “exhibited inadequate performance”); Norbeck v. Davenport Community School District, 545 F.2d 63, 68-69 (8th Cir. 1976) (employee nonrenewed because of “poor judgment”); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975) (nonrenewed teacher had been charged with “insubordination, incompetence, hostility toward authority and aggressive behavior”); and Powers v. Mancos School District RE-6, M…
discussed Cited as authority (rule) Huemmer v. MAYOR AND CITY COUNCIL, ETC.
D. Maryland · 1979 · confidence medium
See, e. g., Owen v. City of Independence, 560 F.2d 925 , 933 and n.9 (8th Cir. 1977); Roane v. Callisburg Independent School District, 511 F.2d 633 , 635 n.1 (5th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393, 398 (6th Cir. 1975); Hostrop v. Board of Junior College District No. 515, 523 F.2d 569, 576-77 (7th Cir. 1975); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975). 579 F.2d at 164, n.36 .
discussed Cited as authority (rule) Dee Swain v. Board of Trustees
N.D. Ohio · 1979 · confidence medium
Paige v. Harris, 584 F.2d 178, 183-84 (7th Cir. 1978); Mazaleski v. Treusdell, 183 U.S.App.D.C. 182 , 562 F.2d 701 (1977); Norbeck v. Davenport Community School District, 545 F.2d 63, 69 (8th Cir. 1976); Powers v. Mancos School District Re-6, 539 F.2d 38 (10th Cir. 1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975); Blair v. Board of Regents, 496 F.2d 322, 324 (6th Cir. 1974); Shirck v. Thomas, 486 F.2d 691 (7th Cir. 1973); Jablon v. Trustees of California State Colleges, 482 F.2d 997, 1000 (9th Cir. 1973), cert. denied, 414 U.S. 1163 , 94 S.Ct. 926 …
discussed Cited as authority (rule) John E. Jones v. City of Memphis, Tennessee (2×) also: Cited "see, e.g."
6th Cir. · 1978 · confidence medium
See, e. g., Mahone v. Waddle, 564 F.2d 1018, 1022 (3d Cir. 1977); Gentile v. Wallen, 562 F.2d 193, 196 (2d Cir. 1977); Hostrop v. Board of Junior College District No. 515, 523 F.2d 569, 577 (7th Cir. 1975), cert, denied, 425 U.S. 963 , 96 S.Ct. 1748 , 48 L.Ed.2d 208 (1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975); Bosely v. City of Euclid, 496 F.2d 193, 195 (6th Cir. 1974).
cited Cited as authority (rule) Haimowitz v. University of Nevada
9th Cir. · 1978 · confidence medium
But not every dismissal assumes a constitutional magnitude.” Gray v. Union County Intermediate Education Dist., 520 F.2d 803, 806 (9th Cir. 1975) (citation omitted).
discussed Cited as authority (rule) Haimowitz v. University of Nevada
9th Cir. · 1978 · confidence medium
But not every dismissal assumes a constitutional magnitude." Gray v. Union County Intermediate Education Dist., 520 F.2d 803, 806 (9th Cir. 1975) (citation omitted). 22 Haimowitz does not allege that the University in any way publicized false, defamatory, or stigmatizing statements about him in connection with his termination.
discussed Cited as authority (rule) Domingo Roque Molina v. Paul T. Richardson and the City of Los Angeles (2×)
9th Cir. · 1978 · confidence medium
Dist., 520 F.2d 803, 805 (9th Cir. 1975); Miller v. County of Los Angeles, 341 F.2d 964, 966 (9th Cir. 1965), are not authority for the proposition that a cause of action must also be recognized.
discussed Cited as authority (rule) Neely v. Blumenthal
D.D.C. · 1978 · confidence medium
Beyond that, the Ninth Circuit has suggested in the Bennett v. Campbell, 564 F.2d 329, 331-32 (9th Cir. 1977) case that Bivens claims may be available to redress any violation “of constitutional rights.” See also Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975). 21 Unlike in the Ninth Circuit, the decisions of the District of Columbia Circuit have intimated no suggestion that Bivens extends beyond the fourth amendment to cover the full roster of constitutional protections.
discussed Cited as authority (rule) Turpin v. Mailet
2d Cir. · 1978 · confidence medium
See, e.g., Owen v. City of Independence, 560 F.2d 925 , 933 & n.9 (8th Cir. 1977); Roane v. Callisburg Independent School Dis trict, 511 F.2d 633 , 635 n.l (5th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393, 398 (6th Cir. 1975); Hostrop v. Board of Junior College District No. 515, 523 F.2d 569, 576-77 (7th Cir. 1975); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975).
discussed Cited as authority (rule) Turpin v. Mailet
2d Cir. · 1978 · confidence medium
See, e.g., Owen v. City of Independence, 560 F.2d 925 , 933 & n.9 (8th Cir. 1977); Roane v. Callisburg Independent School District, 511 F.2d 633 , 635 n.1 (5th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393, 398 (6th Cir. 1975); Hostrop v. Board of Junior College District No. 515, 523 F.2d 569, 576-77 (7th Cir. 1975); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975) Moreover, the rationale behind the imposition of liability in this instance comports with that applied in Johnson v. Glick, 481 F.2d 1028 (2d Cir. 1973), where we held that only supervisory perso…
discussed Cited as authority (rule) Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee (2×)
5th Cir. · 1978 · signal: cf. · confidence medium
Ninth Circuit: Jacobson v. Tahoe Regional Planning Agency, 558 F.2d 928, 936, 941-42 (9th Cir. 1977) (separate causes of action available under fifth amendment due process clause and fifth amendment just compensation clause); Bennett v. Campbell, 564 F.2d 329, 331-32 (9th Cir. 1977) (reversing denial of motion to amend complaint in order to permit assertion of Bivens claims under fourth and fifth amendments; suggesting the availability of damage actions for deprivations “of constitutional rights”); Mark v. Groff, 521 F.2d 1376 , 1378 and n. 1 (9th Cir. 1975) (fifth, sixth and eighth amendm…
discussed Cited as authority (rule) McKnight v. Southeastern Pennsylvania Transportation Authority
E.D. Pa. · 1977 · confidence medium
As the Ninth Circuit stated in Gray v. Union County Intermediate Education District, 520 F.2d 803, 806 (9th Cir. 1975): “Nearly any reason assigned for dismissal is likely to be to some extent a negative reflection on an individual’s ability, temperament, or character.
discussed Cited as authority (rule) George D. Owen v. The City of Independence, Missouri, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri, George D. Owen v. The City of Independence, Missouri, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri
8th Cir. · 1977 · confidence medium
But see Pitrone v. Mercadante, 420 F.Supp. 1384, 1388 (E.D.Pa.1976). 52 The majority of those courts considering these issues have concluded that monetary relief such as backpay may be awarded against local governmental entities on a Bivens theory, even though those governmental units are immune from section 1983 liability, and that such a remedy is an appropriate one to vindicate constitutional rights in proper cases. 8 We agree with the majority and affirm the district court on this issue, 421 F.Supp. at 1119, that Owen may assert a claim for monetary relief under the fourteenth amendment ag…
discussed Cited as authority (rule) Gentile v. Wallen
2d Cir. · 1977 · confidence medium
Cox v. Stanton, 529 F.2d 47, 50-51 (4th Cir. 1975); Fitzgerald v. Porter Memorial Hospital, 523 F.2d 716 , 718-19 n.7 (7th Cir. 1975) (Stevens, J.), cert. denied, 425 U.S. 916 , 96 S.Ct. 1518 , 47 L.Ed.2d 768 (1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393, 398 (6th Cir. 1975); Roane v. Callisburg Independent School District, 511 F.2d 633 , 635 & n.1 (5th Cir. 1975).
discussed Cited as authority (rule) Gentile v. Wallen
2d Cir. · 1977 · confidence medium
Cox v. Stanton, 529 F.2d 47, 50-51 (4th Cir. 1975); Fitzgerald v. Porter Memorial Hospital, 523 F.2d 716 , 718-19 n.7 (7th Cir. 1975) (Stevens, J.), cert. denied, 425 U.S. 916 , 96 S.Ct. 1518 , 47 L.Ed.2d 768 (1976); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393, 398 (6th Cir. 1975); Roane v. Callisburg Independent School District, 511 F.2d 633 , 635 & n.1 (5th Cir. 1975).
discussed Cited as authority (rule) Owen v. City of Independence
8th Cir. · 1977 · confidence medium
The majority of those courts considering these issues have concluded that monetary relief such as backpay may be awarded against local governmental entities on a Bivens theory, even though those governmental units are immune from section 1983 liability, and that such a remedy is an appropriate one to vindicate constitutional rights in proper cases. 8 We agree with the majority and affirm the district court on this issue, 421 F.Supp. at 119, that Owen may assert a claim for monetary relief under the fourteenth amendment against the City of Independence. 9 See Stapp v. Avo- yelles Parish School …
discussed Cited as authority (rule) Dunlap v. City of Chicago
N.D. Ill. · 1977 · confidence medium
Accord: Wiley v. Memphis Police Dept. 548 F.2d 1247, 1254 (6th Cir. 1977); Amen v. City of Dearborn, 532 F.2d 554, 559 (6th Cir. 1976); Reeves v. City of Jackson, Miss., 532 F.2d 491, 495 (5th Cir. 1976); Skehan v. Board of Trustees of Bloomsburg State College, 501 F.2d 31, 44 (3d Cir. 1974), vacated on other grounds, 421 U.S. 983 , 95 S.Ct. 1986 , 44 L.Ed.2d 474 (1975); Cox v. Stanton, 529 F.2d 47, 50 (4th Cir. 1975); Roane v. Callisburg Independent School District, 511 F.2d 633 , 635 n. 1 (5th Cir. 1975); Hanna v. Drobnick, 514 F.2d 393, 398 (6th Cir. 1975); Gray Union County Intermediate Ed…
discussed Cited as authority (rule) Curran v. Portland Superintending School Committee
D. Me. · 1977 · confidence medium
Even if it were assumed that federal jurisdiction of a claim for violation of the Fourteenth Amendment may be grounded on § 1331(a) and that the “person” requirement of 42 U.S.C. § 1983 is not a jurisdictional bar to a constitutional suit against a municipality, see, e. g., Cox v. Stanton, 529 F.2d 47, 50 (4th Cir. 1975); Hostrop v. Board of Junior College District No. 515, 523 F.2d 569, 577 (7th Cir. 1975); Gray v. Union County Intermediate Education District, 520 F.2d 803, 805 (9th Cir. 1975); Calvin v. Conlisk, 520 F.2d 1, 8-10 (7th Cir. 1975), vacated on other grounds, 424 U.S. 902 ,…
Retrieving the full opinion text from the archive…
Mary C. GRAY, Plaintiff-Appellant,
v.
UNION COUNTY INTERMEDIATE EDUCATION DISTRICT, a Political Subdivision, Et Al., Defendants-Appellees
73-3072.
Court of Appeals for the Ninth Circuit.
Jul 1, 1975.
520 F.2d 803
Jerry D. Anker (argued), Washington, D. C., for plaintiff-appellant., Robert M. Greening, Jr. (argued), Portland, Or., for defendants-appellees.
Koelsch, Browning, Murray.
Cited by 90 opinions  |  Published

OPINION

Before KOELSCH and BROWNING, Circuit Judges, and MURRAY, * District Judge. WILLIAM D. MURRAY, District Judge:

The appellant, Mary Gray, is a special education teacher who was employed on a year to year contract basis by the Union County Intermediate Education District (I.E.D.). I.E.D. is a separate entity with its own budget, staff and Board of Directors, but it does not operate any schools. Its teachers work in schools of other school districts, providing special services — such as speech therapy, special education, learning resource centers, and others. Mrs. Gray initiated this lawsuit against I.E.D., its acting Superintendent and the members of its Board of Directors, alleging a violation of her due process and first amendment rights in connection with the nonrenewal of her teaching contract.

During the spring of 1970, the appellant became involved in an effort to assist a student who had become pregnant; Mrs. Gray advised the girl that she had a right to a therapeutic abortion. Subsequently, the girl was made a ward of the State Welfare Department and the Department decided an abortion was not advisable. Mrs. Gray insisted that the girl be dealt with in a manner other than as the Welfare Department had determined was best, thereby creating a problem in the relationship of I.E.D. and the Welfare Department.

[*805] In March of 1971, the I.E.D. Board voted not to renew the appellant’s contract for 1971 — 72, and a hearing on the matter was held at Mrs. Gray’s request on April 14, 1971. The Board voted to sustain their original decision not to hire Mrs. Gray for the upcoming year, and this suit followed. Although the district court found that the incident involving the pregnant student formed at least part of the basis for the Board’s decision, the court also found that Mrs. Gray’s activities with regard to that matter exceeded the scope of free speech, and thus the appellant’s first amendment rights were not violated. In addition, the district court held that the nonrenewal of Mrs. Gray’s contract did not result in either a loss of liberty or property to her, and therefore she was not denied due process. The appellant contests both the first amendment and due process rulings.

I. Jurisdiction

The plaintiff in this case alleged jurisdiction under 28 U.S.C. § 1343 (and its counterpart 42 U.S.C. § 1983) and 28 U.S.C. § 1331. Although the district court concluded that jurisdictional requirements were met here, it failed to specify the statutory basis for such jurisdiction. The appellees maintain that I.E.D. is a political subdivision of Oregon, and that states and their subdivisions are not “persons” within the meaning of 42 U.S.C. § 1983, and hence are not amenable to suit. Courts which have considered this issue have arrived at varying conclusions [1] ; however, it is not necessary for this court to rule on the question at this time. The I.E.D. Board members and Superintendent were sued in their individual and official capacities, and any orders directed against them would be indirectly binding on I.E.D. See Harper v. Kloster, 486 F.2d 1134, 1137-38 (4th Cir. 1973); Harkless v. Sweeny Independent School Dist., 427 F.2d 319, 323 (5th Cir. 1970); Clarke v. School Bd. of Union County, Fla., No. 72—299-Civ—J—S (M.D.Fla. July 16, 1974); Alexander v. Kammer, 363 F.Supp. 324 (E.D.Mich.1973).

The complaint in this case was also based on 28 U.S.C. § 1331, which grants federal court jurisdiction over suits involving a federal question with over $10,000 in controversy. Since the plaintiff in this suit charges a violation of her constitutional rights and seeks back pay and $100,000 in incidental damages, the requirements of § 1331 are clearly met. The “person” requirements of § 1983 do not apply to § 1331, and hence political subdivisions can be sued. See City of Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109 (1973); Dupree v. City of Chattanooga, Tenn., 362 F.Supp. 1136, 1139 (E.D.Tenn.1973).

II. Was the Appellant Denied Due Process?

The appellant maintains that the School Board’s failure to provide her with a fair and meaningful hearing before deciding to terminate her employment deprived her of “liberty” without due process of law. In Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), the Supreme Court made it clear that the requirements of procedural due process apply when a teacher is being deprived of his job, if such action would result in a loss of “liberty” or “property.” This is not a “property loss” case; Mrs. Gray was not dismissed during her contract term, tenure, or despite an “implied promise of continued employment.” (Id. at 577, 92 S.Ct.[*806] 2701). To determine whether or not there has been a deprivation of liberty under these circumstances, it is necessary to examine more closely the language of Roth. Under Roth, a hearing is required only when a charge is made that “might seriously damage [ones] standing and associations in his community . . . for example, that he had been guilty of dishonesty, or immorality For ‘[w]here a person’s good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.’ ” Id. at 573, 92 S.Ct. at 2707.

Nearly any reason assigned for dismissal is likely to be to some extent a negative reflection on an individual’s ability, temperament, or character. Jenkins v. U. S. Post Office, 475 F.2d 1256, 1257 (9th Cir. 1973). But not every dismissal assumes a constitutional magnitude. The concern is only with the type of stigma that seriously damages an individual’s ability to take advantage of other employment opportunities. Roth, supra at 573, 92 S.Ct. 2701; Jablon v. Trustees of California State Colleges, 482 F.2d 997, 1000 (9th Cir. 1973), cert. denied, 414 U.S. 1163, 94 S.Ct. 926, 39 L.Ed.2d 116 (1974). The charges against Mrs. Gray included a letter announcing the nonrenewal of her contract due to her “student and parent problems” and “the ensuing situation with [her] student aide program.” In addition, at the school board hearing a letter from the pregnant girl’s Welfare Department case worker was read; it accused Mrs. Gray of “deliberately underminpng] the united planning of the community’s professional social agencies.” A letter from a former director of special education charging the appellant with insubordination, incompetence, hostility toward authority, and aggressive behavior was also presented at the hearing. These allegations certainly are not complimentary and suggest that Mrs. Gray may have problems in relating to some people, but they do not import serious character defects such as dishonesty or immorality. Personality differences or difficulty in getting along with others are simply not the kinds of accusations which warrant a hearing, as contemplated by Roth, supra. See e. g., Jablon, supra; Irby v. McGowan, 380 F.Supp. 1024 (S.D.Ala.1974); Courter v. Winfield-Mt. Union Community School Dist., 378 F.Supp. 1191 (S.D.Iowa 1974).

Having determined that the non-renewal of the appellant’s employment contract did not deprive her of “liberty,” the court need not determine whether the hearing provided by the school board satisfied the requirements of due process.

III. Did the Termination of Plaintiff’s Employment Violate Her First Amendment Rights?

Nonrenewal of even an untenured teacher may not be predicated on his exercise of first amendment rights. Perry v. Sinderman, 408 U.S. 593, 598, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). Appellees have suggested that Mrs. Gray’s contract was not renewed for reasons other than her association with the incident involving the pregnant student. However, both the appellees and the district court agree that “[t]here is no question but what [Mrs. Gray] was not retained partially because of the incident involving the young girl.” A decision to terminate employment of a teacher which is only partially in retaliation for the exercise of a constitutional right is unlawful. Sinard v. Board of Education of Groton, 473 F.2d 988, 995 (2d Cir. 1972); Fluker v. Ala. State Board of Education, 441 F.2d 201, 210 (5th Cir. 1971); Cook County College Teachers Union v. Byrd, 456 F.2d 882, 888 (7th Cir.), cert. denied, 409 U.S. 848, 93 S.Ct. 56, 34 L.Ed.2d 90 (1972).

Thus the question is, did appellant’s behavior in the matter involving the pregnant student go beyond constitutionally protected “free speech?” The trial court found that Mrs. Gray was not terminated because of her “opinion” or “advice” to the student, but because of her activities in the affair which interfered[*807] with the judgment of the Welfare Department. We do not find this determination by the district court clearly erroneous.

The following is some of the evidence before the district court which would justify its conclusion. The student in question had been certified mentally retarded; Mrs. Gray knew this, and yet she insisted that the girl be allowed to choose between an abortion and having the baby. The Welfare Department which had been granted custody of the girl, decided that an abortion was neither legal nor in the best interests of the girl. It acted upon the recommendations of a psychiatrist who had examined the girl. Mrs. Gray persisted in her efforts to secure an abortion for the student. The appellant phoned the psychiatrist and engaged in a “heated discussion” concerning the psychiatrist’s recommendation. Mrs. Gray vehemently expressed her opposition to the Welfare Department’s decision to the case worker in charge of the matter. In addition, Mrs. Gray spoke extensively with relatives of the girl in an effort to secure their assistance in overriding the Welfare Department’s decision. Mrs. Gray spoke with the pregnant girl despite Welfare Department instructions to the contrary. The appellant contacted the judge overseeing the girl’s custody and various attorneys in an effort to reopen the abortion issue. As a result of Mrs. Gray’s interference the student was removed from school before the completion of the school term. The appellant’s activities went beyond free speech. Although the first amendment entitles an individual to voice controversial ideas, it does not entitle him to try to force his ideas and opinions upon others through harassment or other means.

In Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), the Supreme Court indicated that the free speech rights of teachers must be balanced with those of the state in assuring “orderly school administration.” One of the factors which the court suggested might warrant dismissal was criticism directed towards those with whom the speaker would be in daily contact in the course of his employment, thus raising a “question of maintaining either discipline by immediate superiors or harmony among coworkers . . . ” Id. at 569-70, 88 S.Ct. at 1735.

It was important that a close working relationship be maintained between I.E.D. and the Welfare Department and other agencies which dealt with the same children who were in need of special services. As a result of Mrs. Gray’s importunate activities in the matter discussed, the district court found that Mrs. Gray created so much “havoc” with the Welfare Department that relations between the Department and I.E.D. were strained.

The nonrenewal of appellant’s teaching contract did not constitute a denial of her first amendment or due process rights; the judgment is affirmed.

1

. Those courts which have considered the question of whether or not school districts or state (or state related) universities are “persons” under § 1983 have reached disparate results. See e. g., Campbell v. Masur, 486 F.2d 554 (5th Cir. 1973), Sellers v. Regents of University of California, 432 F.2d 493, 500 (9th Cir. 1970), cert. denied, 401 U.S. 981, 91 S.Ct. 1194, 28 L.Ed.2d 333 (1971) [indicating jurisdiction is improper under § 1983]. But see, e. g., Aurora Education Ass’n East v. Bd. of Education of Aurora Pub. School Dist. No. 131 of Kane County, Ill., 490 F.2d 431, 435 (7th Cir.), cert. denied, 416 U.S. 985, 94 S.Ct. 2388, 40 L.Ed.2d 762 (1974); Green v. Dumke, 480 F.2d 624, 629 (9th Cir. 1973) [suggesting that § 1983 would not bar suit under these circumstances]. See also, Samuel v. University of Pittsburgh, 375 F.Supp. 1119 (W.D.Pa.1974).