(Download) "Crane v. Mitchell County U.S.D. No. 273" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Crane v. Mitchell County U.S.D. No. 273
- Author : Supreme Court of Kansas
- Release Date : January 22, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The opinion of the court was delivered by This case is before the court on a Petition for Review of the decision of the Court of Appeals found at 7 Kan. App. 2d 430, 643 P.2d 1125 (1982). Ross Crane (plaintiff-appellant) appealed the dismissal by the Mitchell County District Court of his petition for damages for wrongful termination of his teaching contract. The reason stated by the trial judge was that Ross Crane failed to exhaust administrative remedies available under K.S.A. 72-5436 et seq. The Court of Appeals reversed, holding the appellant's Fourteenth Amendment due process rights had been violated and an action for back pay and damages could be filed in the district court prior to completion of the administrative procedures the parties had undertaken. We granted review. The facts are undisputed, and are set out in detail in the Court of Appeals opinion, 7 Kan. App. 2d at 431-33. We will briefly summarize them here. The appellant, a nontenured teacher, was employed by Unified School District No. 273 (defendant-appellee) for the 1979-80 school year. Following several instances of serious misconduct on the part of the appellant, culminating in an incident on October 31, 1979, where the appellant discharged a 12-gauge shotgun at his home, striking two students, the school board of Unified School District No. 273 (Board) held a special meeting on November 5, 1979, and terminated appellant's employment. As a result of the shotgun incident the appellant was charged in Mitchell County District Court with unlawfully, feloniously, and willfully applying force to a student at Beloit High School, with intent to injure said student with a deadly weapon. Additional incidents involving the appellant were specified by the Board as precipitating its action. (See 7 Kan. App. 2d at 431, enumerating six specific reasons.) These included an incident where the appellant injured a student while disciplining him by flipping the student over backwards in desk chair; another occasion where the appellant kicked a student who was on crutches in [232 Kan. 53]