315 F.Supp. 1124 (S.D.Ill. 1970), Civ. A. P-3129, Shirck v. Thomas

Docket NºCiv. A. P-3129
Citation315 F.Supp. 1124
Party NameShirck v. Thomas
Case DateJuly 28, 1970
CourtUnited States District Courts, 7th Circuit, Southern District of Illinois

Page 1124

315 F.Supp. 1124 (S.D.Ill. 1970)

Ruth SHIRCK, Plaintiff

v.

Robert S. THOMAS, James L. Wallinger, Ronald Keyser, Edward W. Oberle, Lloyd E. Peake, Jr., Donald Ramey, George Stolley, individually and as they are members of the School Board of District No. 303, County of Tazewell, State of Illinois; William Holman, individually and as he is Superintendent of Schools of the Pekin Community High School, and Ray L. Morelli, individually and as he is Assistant Superintendent of Schools of the Pekin Community High School, Defendants.

Civ. A. No. P-3129.

United States District Court, S.D. Illinois, Northern Division.

July 28, 1970

Joseph R, Napoli, Peoria, Ill., for plaintiff.

Richard N. Molchan, Peoria, Ill., for defendants.

DECISION AND ORDER

ROBERT D. MORGAN, District Judge.

This is an action brought pursuant to the Civil Rights Act of 1871, Title 42, United States Code, Section 1983, alleging the violation of rights under the Constitution and the laws of the United States. Relief is also sought pursuant to the Federal Declaratory Judgment Act, Title 28, United States Code, Sections 2201 and 2202. Jurisdiction is founded under 28 U.S.C. §§ 1331 and 1343(3) & (4). The case is presently before the court on defendants' motion, under Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss the complaint because of plaintiff's 'failure * * * to state a claim upon which relief can be granted.' Since affidavits on both sides establish the material facts, the motion is treated as one for summary judgment as required by that rule. All parties have been given reasonable opportunity to present material

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made pertinent to such a motion by Rule 56, Federal Rules of Civil Procedure.

The material facts are not in dispute. Plaintiff was employed as a public school teacher at the Pekin Community High School in Pekin, Illinois, on a fulltime basis during the academic years of 1967-1968 and 1968-1969, and the defendants, in their public capacities, operate that school.

Under Section 24-11 of Chapter 122, Illinois Revised Statutes, plaintiff's status until the end of the 1968-1969 school year was probationary. That statute provides in pertinent part that:

'Any teacher who has been employed in any district as a full-time teacher for a probationary period of 2 consecutive school terms shall enter upon contractual continued service unless given written notice of dismissal stating the specific reason therefor, by registered mail by the employing board at least 60 days before the end of such period.'

By letter dated April 1, 1969, proper and timely notice under that statute was given the plaintiff that the School Board had voted unanimously not to offer her a teaching contract for the school year 1969-1970 because of failure to coordinate...

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