198 F. Supp. 3d 842
W.D. Tenn.2016Background
- After the 2013 merger of Memphis City Schools and Shelby County Schools (SCS), enrollment dropped and SCS approved a system-wide reduction in teaching positions for 2014–2015.
- The Board of Education adopted a general RIF resolution but did not identify specific positions to eliminate; it delegated to the superintendent, HR, and school principals the task of selecting which positions/teachers would be excessed.
- Principals recommended which positions to eliminate based on evaluations and qualifications (not tenure preference); HR and the superintendent approved recommendations and the superintendent sent layoff notices and placed teachers on the reemployment list.
- Plaintiffs (tenured teachers and the teachers’ union MSCEA) challenged the process as violating Tenn. Code Ann. § 49-5-511(b) (illegal delegation and failure to follow the prior preferential rehiring scheme), as well as asserting Fourteenth Amendment due process and FMLA claims (Thompson).
- The court found the facts undisputed, proceeded on a case-stated basis, concluded SCS violated Tenn. Code Ann. § 49-5-511(b) by impermissibly delegating the board’s authority, but held there was no constitutional due process or FMLA violation; remedies (back pay and reinstatement for Jackson) to be addressed later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek declaratory relief | Plaintiffs (Kelley, Steinberg, Banks) and MSCEA have standing because injury existed at filing; organizational standing met | Defendants argued individual plaintiffs lost standing after rehiring/retirement and MSCEA lacked organizational standing | Court: Individuals had standing at filing; MSCEA satisfied Hunt factors and has organizational standing |
| Compliance with Tenn. Code Ann. § 49-5-511(b) (delegation and rehiring preference) | Board cannot delegate dismissal/reemployment decisions for tenured teachers; prior statutory rehiring preference applied and was not honored | Board lawfully delegated ministerial RIF tasks; current statute governs and was followed | Court: Delegation unlawful—Board must participate in dismissal decisions and provide notice; violation of § 49-5-511(b) |
| Fourteenth Amendment due process (§ 1983) | Tenured teachers have property interest; state-created procedural protections were denied, so federal due process violated | Even if state procedures were violated, statute contemplates elimination in a legitimate RIF and no sham; no federal due process violation | Court: No constitutional violation—statute permits elimination in legitimate RIF and state-procedure violations do not alone create federal due process claims |
| FMLA interference (Thompson) | Thompson, on approved FMLA leave, was entitled to reinstatement to an equivalent position district-wide due to tenure | Layoff was part of legitimate, non-retaliatory RIF unrelated to FMLA; no interference | Court: No FMLA violation—Thompson was laid off for reasons unrelated to FMLA and would have been dismissed regardless of leave |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing doctrine)
- Bd. of Regents v. Roth, 408 U.S. 564 (state-created property interests and due process)
- Thompson v. Memphis City Sch. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012) (tenure and property interest under Tennessee law)
- Randall v. Hankins, 733 S.W.2d 871 (Tenn. 1987) (board cannot delegate reemployment fitness determinations)
- Lee v. Franklin Special Sch. Dist. Bd. of Ed., 237 S.W.3d 322 (Tenn. Ct. App. 2007) (board’s nondelegable duty over § 49-5-511 reemployment decisions)