Ellis v. Board of Trustees, 5:23-cv-00096

Dr. Cederick Ellis was employed as Superintendent of the McComb School District under a contract that allowed termination for cause and provided for notice and a hearing per Mississippi law.
On October 10, 2023, the school board voted to preliminarily terminate Ellis, citing causes such as gross negligence and malfeasance, and sent him notice with instructions for requesting a hearing.
Ellis timely requested and was granted a hearing date, which was rescheduled at his legal team's request; however, disputes arose over hearing procedures, including whether a public hearing and neutral hearing officer were required.
Ellis objected to the procedures, filed a federal suit seeking declaratory relief, and attended the hearing where he raised further objections; the Board later offered him a second hearing with additional concessions, which he declined.
Ellis filed claims including federal civil rights violations under 42 U.S.C. §§ 1983 and 1988, Monell liability, breach of contract under state law, and punitive damages.
The Board moved to dismiss the case under Fed. R. Civ. P. 12(b)(6) and 12(c); the court dismissed all federal claims but allowed the state breach of contract claim to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Procedural Due Process (Pretermination Hearing)	The hearing did not meet constitutional standards; it was flawed.	Ellis was provided notice and ample opportunity for a hearing.	No constitutional violation; due process was satisfied.
Public Hearing and Procedures	Contract and due process entitled Ellis to a public hearing.	Mississippi law does not entitle superintendents to such hearings.	No right to a public hearing under state/federal law.
§ 1983 Conspiracy/Monell Liability	Board conspired and acted under established policy to violate rights.	Plaintiff did not plead a constitutional deprivation.	Dismissed; no underlying constitutional violation.
Breach of Contract	Contract intended to grant a hearing per statutory processes.	Contract is ambiguous and does not require statutory procedures.	Claim plausibly stated; motion to dismiss denied (remains).

Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (public employees must receive notice and an opportunity to respond before termination)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaints must state plausible claims for relief)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (factual allegations must raise claim above a speculative level)
Maurer v. Indep. Town, 870 F.3d 380 (5th Cir. 2017) (property interests stem from contracts or state law, not the Constitution)
Greene v. Greenwood Pub. Sch. Dist., 890 F.3d 240 (5th Cir. 2018) (pretermination hearing required, even if state law says otherwise)
Galloway v. State of La., 817 F.2d 1154 (5th Cir. 1987) (constitutionally adequate procedures satisfy due process even if plaintiff fails to participate)
Bd. of Cnty. Comm'rs of Bryan Cnty., Okl. v. Brown, 520 U.S. 397 (1997) (elements for Monell liability under § 1983)