Saundra Thompson v. Memphis City Schools Board of Education
395 S.W.3d 616
| Tenn. | 2012Background
- Thompson, a tenured Memphis City Schools teacher, was on sick leave 2004–2006, returned briefly in Aug 2006, then again on sick leave through Jan 2, 2007; she did not return after that date.
- Board terminated Thompson on Jan 2, 2007 without written charges or a pre-termination hearing, based on an administrative letter by a labor-relations official.
- TEA notified the Board of alleged Tenure Act violations and sought a hearing; Board did not respond, and Thompson filed suit Sept 2007 alleging Tenure Act and due process violations.
- Trial and appellate history: trial court granted partial summary judgment in Thompson’s favor; Court of Appeals affirmed in part but vacated summary-judgment on liability for Tenure Act issues; Supreme Court granted review.
- Supreme Court held that (i) no statute authorizes a constructive resignation or forfeiture of tenure for failure to return from sick leave, (ii) the Board denied Thompson due process by not providing pre-termination notice/hearing, and (iii) reinstatement with full back pay and §1983 damages are appropriate remedies, with remand for calculation of additional damages and fees.
- This decision reverses the Court of Appeals in part and reinstates the trial court’s judgment, remanding for damages calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to return from sick leave amounts to constructive resignation or forfeiture of tenure | Thompson | Board | No; no statute supports constructive resignation or forfeiture of tenure. |
| Whether due process protections required pre-termination charges and a hearing | Thompson | Board | Board violated due process by denying pre-termination notice/hearing. |
| Appropriate remedy for Tenure Act violation | Reinstatement with full back pay | Remedy limited to pre-termination hearing | Remedy shall be reinstatement with full salary (no offset) and back pay; remand for additional calculations. |
| Role of exoneration/reinstatement standards from Van Hooser | Exoneration not required for reinstatement when no proper procedures occurred | Exoneration is prerequisite | Exoneration not a prerequisite; reinstatement proper without exoneration in this context. |
| Constitutional damages under §1983 for procedural due process | Recover compensatory damages and fees for actual harm | Limit damages; challenge to actual harm proof | Damages upheld; remand to adjust and award reasonable attorneys’ fees. |
Key Cases Cited
- Bd. of Regents v. Roth, 408 U.S. 564 (U.S. 1972) (property interest in public employment requires due process)
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (U.S. 1985) (pre-termination notice and hearing required)
- Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991) (reinstatement requires vindication or exoneration; pays back pay for suspension)
- Bates v. Deal, 728 S.W.2d 326 (Tenn. 1987) (full back pay for vindicated/reinstated teacher; no offset rule)
- Jones v. Brown, 727 S.W.2d 497 (Tenn. 1987) (full salary without offset; statutory interpretation supporting tenured remedy)
- Turk v. Franklin Special Sch. Dist., 640 S.W.2d 218 (Tenn. 1982) (mandatory written charges; fair notice before dismissal)
- Potts v. Gibson, 469 S.W.2d 130 (Tenn. 1971) (notice essential to fairly apprise teacher of charges)