ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Citation: Ray v. Birmingham City Board of Education, 845 F.2d 281, (1988 U.S. App.).
Key Facts: Ray was a principal in the Birmingham City School district from 1980-1983.
At this time in Alabama, tenure was achieved upon successful completion of 3 years of service.
Just prior to the conclusion of her third year, Ray and two other principals--Thomas Neilson and
Donald Debrow--were reassigned and denied tenure by the board. Debrow’s case was litigated in
Debrow v. Alabama Sate Tenure Commission (Ala. 1985). In Debrow, the court found that the
board violated Alabama code in its termination of Debrow’s contract thereby nullifying the
board’s decision to deny Debrow tenure and terminate his contract. Ray filed her suit after
Debrow was settled; however, she made a §1983 due process claim making her argument distinct
from Debrow’s. The district court, in relating this case to Debrow, granted summary judgment to
the plaintiff based on collateral estoppel. The board appealed.
Issues: (1) Was the plaintiff entitled to summary judgment based on the court’s
application of collateral estoppel?
estoppel.
Holding: The court held that the district court erred in its application of collateral
Reasoning: Ray’s claim was distinct from Debrow’s in that she made a constitutional
claim. Therefore, collateral estoppel is inappropriate because state law cannot determine the
ruling on a federally raised claim, which was what the court’s application had done.
Disposition: The ruling of the district court was vacated and remanded for rehearing.
Citation: Kirschling v. Lake Forest School District, 687 F. Supp. 927, (1988 U.S. Dist.).
Key Facts: Thomas J. Kirschling was offered a principal position at a high school in the
Lake Forest School District on May 21, 1986, and he accepted. Soon after Kirschling’s
acceptance of the position, Dr. Gerald Lysik, superintendent of schools, and Roberta W. O’Neal,
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