ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Prevailing party. Tables 8-12 represent the number of times that each party prevailed on
its litigative claim. There were three cases (2%) where no decision was given and the cases were
remanded for re-hearing. There were 19 cases (15%) where the courts found in part for the
employee and in part for the school system. There were 30 cases (24%) where the courts found
for the employee in the adverse action litigation. Lastly, there were 73 cases (58%) where the
court found for the school system.
Table 8
Prevailing Party Master Count
Case Year State Action PP
Pasqua v. LaFourche Parish School Bd. 1981 LA R E
McManus v. Ind. School Dist. No. 625 1982 MN R E
Bd. of Educ. of Alamogordo Pub. Schools Dist. No.. 1 v. 1982 NM T E
Jennings
Rossi v. Bd. of Educ. of City School Dist. of Utica 1983 NY R E
Totten v. Bd. of Educ. of the Co. of Mingo 1983 WV S E
In re Appeal of Cowden 1984 PA R E
Cowan v. Bd. of Educ. 1984 NY R E
Ledew v. School Bd. 1984 FL T E
Burke v. Lead-Deadwood School Dist. 1984 SD T E
Foster v. Bd. of Elem. and Sec. Educ. 1985 LA R E
Gibbons v. New Castle Area School Dist. 1985 PA R E
Pryor School Dist. v. Superintendent of Pub. Instruction 1985 MT T E
Lewis v. Harrison School Dist. No. 1 1986 AR NR E
Abington School Dist. v. Pacropis 1986 PA R E
Litky v. Winchester School Dist. 1987 NH NR E
Desoto Co. School Bd. v. Garrett 1987 MS NR E
Kelly v. Bd. of Educ. 1988 IL R E
Kirschling v. Lake Forest School Dist. 1988 DE T E
Rovello v. Lewis Co. Bd. of Educ. 1989 WV T E
Holmes v. Bd. of Trustees of School Dist. 1990 MT T E
Klein v. Bd. of Educ. 1993 MN R E
Bd. of Educ. v. Van Kast 1993 IL R E
Sanders v. Delton-Kellogg Schools 1996 MI R E
Hinson v. Clinch Co. Bd. of Educ. 2000 GA R E
Kabes v. School Dist. 2004 WI R E
(table continues)
297