Professional Documents
Culture Documents
No. 10-1814
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:09-cv-00073-jpj-pms)
Submitted:
May 2, 2011
Decided:
June 1, 2011
PER CURIAM:
Melanie
Hibbitts,
Administrators)
appeal
summary
to
(2006)
judgment
civil
Lynn
the
the
action.
Lowe,
district
Defendants
This
case
and
Ruby
courts
in
this
arose
Coffey
order
42
granting
U.S.C.
after
(the
the
1983
Virginia
school
where
the
Administrators
worked
had
received
beginning
in
the
20092010
school
year.
The
hearing.
superintendent,
the
They
then
Buchanan
brought
County
suit
School
against
Board,
and
the
the
their
property
and
liberty
interests.
The
bringing
signed
suit
standard
in
November
contracts
for
2009,
the
the
2009-2010
In light of their
to
add
claim
of
retaliation
and
violation
of
due
The
Administrators appealed.
Under Federal Rule of Civil Procedure 15(a)(2), after
the time for amending a complaint as a matter of course has
expired, a party may amend its pleading only with the opposing
partys written consent or the courts leave.
15(a)(2).
Fed. R. Civ. P.
IGEN
Intl, Inc. v. Roche Diagnostics GmbH, 335 F.3d 303, 311 (4th
Cir. 2003).
Virginia law specifically permits a school board to
reassign a tenured administrator to a teaching position with a
salary reduction as long as the administrator receives written
notice and the opportunity to have an informal meeting before
the demotion.
only
process
hearing
before
property right.
by
termination
the
Constitution
or
deprivation
is
of
notice
the
The
and
protected
notice informing them of their demotions and they were given the
opportunity
for
meeting
prior
to
their
demotions.
cannot
show
that
the
district
court
erred
in
Thompson v.
Potomac
Cir.
Elec.
Power
Co.,
312
F.3d
645,
649
(4th
2002)
party
on
the
evidence
presented.
See
district
record.
courts
judgment
on
any
ground
Anderson
v.
We may affirm
supported
by
the
2006).
interest
in
their
employment.
Cleveland
Bd.
of
administrator
employment
once
has
she
protected
obtains
A Virginia public
property
continuing
right
contract
in
her
status.
Wooten v. Clifton Forge Sch. Bd., 655 F.2d 552, 554-55 (4th Cir.
1981).
procedural
safeguards,
the
Fourteenth
Amendments
due
process
Fields v.
they
have
not
shown
that
their
property
rights
in
274,
282
(4th
Cir.
2007);
Huang
v.
Bd.
of
Governors of Univ. of N.C., 902 F.2d 1134, 1141 (4th Cir. 1990).
Further, the Administrators have not shown that their
due process rights were violated because they have not shown
that any state action deprived them of a protected liberty or
property interest.
*13; Johnson v. Morris, 903 F.2d 996, 999 (4th Cir. 1990).
We have reviewed the record and find no reversible
error.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
AFFIRMED