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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Case Year State Action PP Litigative Claim<br />

Simpson v. Holmes Co .Bd.<br />

of Educ.<br />

Martinek v. Belmond-<br />

Klemme Comm. School<br />

Dist.<br />

Herrera v. Union No. 39<br />

School Dist.<br />

Hobdy v. Los Angeles<br />

Unified School Dist.<br />

Herbert v. City of New<br />

York<br />

2009 MS T S Simpson claimed that his termination for failed leadership in not reporting three<br />

separate incidents on the same day to the superintendent violated his due process<br />

protections and was done without sufficient evidence.<br />

2009 IA T E Martinek alleged that his termination due to a reduction in force was a breach of<br />

contract and a violation of Iowa code that prevents mid-term terminations<br />

without good cause.<br />

2009 VT T S Herrera claimed that he was defamed and denied due process in the board’s<br />

termination of his position for failed leadership based on incompetence.<br />

2010 CA D S Hobdy argued that his demotion was based on discrimination against his race<br />

and gender and not his failed leadership.<br />

2010 NY D SPLIT Herbert argued that her demotion for failed leadership was pre-textual and<br />

motivated by discrimination on the grounds of gender and pregnancy due to a<br />

sexual relationship with a custodian out of wedlock.<br />

Corbett v. Duering 2010 WV T S Corbett claimed that his termination was a violation of the First Amendment<br />

because he refused to “make deals’ in regard to discipline with students with<br />

influential parents, and he alleged that the superintendent retaliated against him<br />

Nuzzi v. St. George Comm.<br />

Consol. School Dist. No.<br />

258<br />

for his speech and failure to acquiesce.<br />

2010 IL NR S Nuzzi and Nuzzi (husband and wife) claimed that their non-renewals for failed<br />

leadership and incompetence regarding a litany of questionable financial<br />

maneuvers meant to benefit the Nuzzi’s were invalid because the district violated<br />

FMLA policy, retaliated against them, and breached their contracts.<br />

Flores v. Von Kleist 2010 CA T S Flores claimed that his termination for sexual harassment was spurred by<br />

Superintendent Von Kleist’s racial discrimination against Flores.<br />

McFerren v. Farrell Area 2010 PA T E McFerren argued that his termination for failed leadership stemming from<br />

School Dist.<br />

negligence, interpersonal strife, intemperance, and insubordination was arbitrary<br />

and lacking sufficient evidence.<br />

Heutzenroeder v. Mesa Co. 2010 CO T S Heutzenroeder argued that her reassignment for failed leadership was a<br />

Valley School Dist.<br />

constructive discharge and her eventual termination for insubordination violated<br />

her due process protections and was a breach of her administrative contract.<br />

Murphy v. City of Aventura 2010 FL T S Murphy alleged that her termination was retaliation for her sexual harassment<br />

claims against her supervisor not for failed leadership for failure to abide by<br />

enrollment policies, accepting bribes, and funding misappropriation.<br />

284

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