Montrell Greene v. Greenwood Public School Dist, e
Opinion
Greenwood Public School District (GPSD) hired Montrell Greene as superintendent of schools in April 2013. Greene's contract initially provided for a three-year term of employment. GPSD later extended the contract through June 2018. On January 4, 2016, three members of the GPSD Board of Trustees-Deirdre Mayes, Randy Clark, and Samantha Milton-called a special meeting and voted to terminate Greene's employment. Greene was present *242 at the meeting but was neither informed of the basis for his termination nor given an opportunity to address the Board. The following day, Greene received a letter from GPSD's attorney stating that he had been "terminated for cause ... effective January 4, 2016."
Greene filed suit in federal district court against GPSD, Mayes, Clark, and Milton (hereinafter, "Defendants"). His complaint set forth a number of federal and state law claims, but only one of those claims is at issue in this appeal.
1
Pursuant to
"We review de novo a district court's grant of a Rule 12(b)(6) motion, 'accepting all well-pleaded facts as true and viewing those facts in the light most favorable to the plaintiff.' "
SGK Props., L.L.C. v. U.S. Bank Nat'l Ass'n
,
"To state a Fourteenth Amendment due process claim under § 1983, 'a plaintiff must first identify a protected life, liberty or property interest and then prove that governmental action resulted in a deprivation of that interest.' "
Gentilello v. Rege
,
"An essential principle of due process is that a deprivation of life, liberty, or property 'be preceded by notice and opportunity for hearing appropriate to the nature of the case.' "
Cleveland Bd. of Educ. v. Loudermill
,
*243
Loudermill
,
The district court dismissed Greene's claim because he did not appeal his termination under Mississippi Code § 37-9-113. That provision states that "[a]ny employee aggrieved by a decision of the school board is entitled to judicial review thereof" by filing an appeal in Mississippi chancery court. MISS. CODE ANN . § 37-9-113(1) - (2). The district court concluded that Greene, having failed to seek relief under § 37-9-113, "cannot cognizably argue that he has not received adequate due process."
Assuming that Greene could have obtained meaningful judicial review of his termination by filing an appeal under § 37-9-113,
4
doing so would only have provided him with a
post
-termination hearing. The Fourteenth Amendment entitled him to a hearing
before
he was terminated. Greene's failure to pursue "postdeprivation remedies does not affect his entitlement to predeprivation process."
Chiles v. Morgan
,
As this court has recognized, an individual cannot claim to have been unconstitutionally denied pre-deprivation process if he purposely chose not to utilize constitutionally-adequate pre-deprivation procedures that were readily available to him.
Galloway v. Louisiana,
Defendants maintain that Mississippi law prohibited them from giving Greene a pre-termination hearing. They point to Mississippi Code § 37-9-59, which states that "a school superintendent whose employment has been terminated [for cause, as specified elsewhere in the section,] shall not have the right to request a hearing before the school board or a hearing officer." Defendants' interpretation is certainly not compelled by the text of § 37-9-59. The provision does not expressly oust the school board of authority to grant the superintendent a hearing, should it wish to do so, and can instead be read as simply specifying that the school board is not obligated to provide a hearing upon the superintendent's request. Reading § 37-9-59 as reflecting a distinction between what a school board is prohibited from doing, and what it is permitted, but not required, to do, is consistent with another statutory provision, Mississippi Code § 37-7-301.1, which states that a school board "may adopt any orders, resolutions or ordinances with respect to school district affairs ... which are not inconsistent with ... any other statute or law of the State of Mississippi." Furthermore, we are reluctant to adopt Defendants' interpretation of § 37-9-59 since doing so would raise serious questions about the provision's constitutionality.
Even if Mississippi law did prohibit Defendants from giving Greene a pre-termination hearing, that would have no effect on the viability of his procedural due process claim. The Fourteenth Amendment required Defendants to afford Greene a pre-termination hearing; a state law prohibiting such a hearing would not diminish Greene's rights under federal law.
See
Loudermill
,
The district court's judgment is REVERSED with respect to Greene's property-based procedural due process claim and AFFIRMED with respect to his other claims. This matter is REMANDED to the district court.
Greene filed a general notice of appeal but did not brief or argue any aspect of his other claims. Consequently, we deem those other claims abandoned and do not consider them in this appeal.
In "rare and extraordinary situations ... deprivation of a protected interest need not be preceded by opportunity for some kind of hearing,"
Roth
,
There is no merit to Defendants' contention that Greene asserted a pre-termination procedural due process claim only after the district court granted the motion to dismiss.
Greene argues that meaningful judicial review was not available to him because Mississippi Code § 37-9-113(3) expressly limits "[t]he scope of review of the chancery court in such cases ... to a review of the record made before the school board or hearing officer." Since he did not receive any hearing before the school board, Greene contends, there is no "record" for the chancery court to review in assessing his termination.
As an unpublished opinion issued before January 1, 1996, Chiles is precedential. 5th Cir. R. 47.5.3.
The district court appears to have relied on this court's imprecise statement in
Rathjen
that "no denial of procedural due process occurs where a person has failed to utilize the state procedures available to him."
Reference
- Full Case Name
- Montrell GREENE, Plaintiff-Appellant v. GREENWOOD PUBLIC SCHOOL DISTRICT; Deirdre Mayes, in Her Official and Individual Capacities; Randy Clark, in His Official and Individual Capacities; And Samantha Milton, in Her Official and Individual Capacities, Defendants-Appellees
- Cited By
- 23 cases
- Status
- Published