ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Citation: Pierce v. Engle, 726 F. Supp. 1231, (1989 U.S. Dist.).
Key Facts: Preston Pierce was admitted to an alcohol treatment facility on November 13,
1985, and released for work on January 6, 1986. Unified School District 386 (the district)
provided Pierce with 2 more weeks of rest before returning to work. This leave of absence was
authorized by the board, and Pierce, principal of Grades 7-12, was paid throughout the leave.
In February 986, the school exercised a reduction in force and eliminated a principal
position making their school a one-principal school. This policy became official on March 17,
1986. Pierce was nearing the end of his three 1-year contracts, but because of the school
reorganization and Pierce’s certification status (certified administrator for Grades 7-12), the
board elected to non-renew Pierce due to the district’s current economic standing and instead
employ the current elementary principal as the “one-principal” because she was certified for K-
12. Barbara Pierce, Preston Pierce’s wife, served as a school bus driver and concession stand
worker for the school also. Following the 1985-1986 school year and the subsequent
reorganization, the board reduced bus routes and chose to non-renew Pierce’s contract.
Moreover, the high school shifted procedures for concessions employing students to run the
concession stand. On this front, Pierce was also not offered a contract.
Pierce and Pierce brought suit thereafter. Preston Pierce alleged deprivation of property
and liberty interests without due process under 42 U.S.C. § 1983. Pierce claimed that his contract
was non-renewed due to his leave of absence. He further claimed that his non-renewal was based
on his status as a recovering alcoholic in violation of the Rehabilitation Act of 1973 (29 U.S.C. §
794). Under state law, he claimed wrongful discharge. Barbara Pierce alleged deprivation of
property and liberty interests without due process under 42 U.S.C. § 1983 due to the non-renewal
of both her contracts.
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