[DOWNLOAD] "Orrin M. Gardner v. Gordon Hollifield Et" by Supreme Court of Idaho No. 11595 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Orrin M. Gardner v. Gordon Hollifield Et
• Author : Supreme Court of Idaho No. 11595
• Release Date : January 02, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Plaintiff-appellant Orrin M. Gardner appeals from a district court order dismissing his complaint for failure to state a claim upon which relief can be granted. In his complaint, Gardner attempts to set forth two claims, one against the defendant-respondent board of trustees for failure to renew his teaching contract, and a separate claim against defendant-respondent John B. Campbell, district superintendent of schools, based upon Campbell's statement to the school board to the effect that Gardner was incompetent as a school teacher and was not doing a competent job. The following facts are among those alleged by Gardner in his complaint: He is a certified public school teacher, and he had been continuously employed by the school district from 1954 to 1971. As a result of his continuous employment as a teacher, he was entitled by statute[Footnote 1] to have his teaching contract renewed. On or about February 12, 1971, the defendant superintendent told the school board that Gardner was incompetent as a school teacher and was not doing a competent job, which statement the superintendent well knew to be false. Acting in accordance with the superintendent's recommendation, the school board voted to refuse to renew Gardner's contract (the specific time of this board action was not set out in the complaint). On or about February 26, 1971, the defendant superintendent directed Gardner's supervising principal to solicit Gardner's resignation; Gardner was advised by his principal that he would be in a much better position to obtain future employment with another school district if he were to resign than if he were to be discharged by the superintendent. Upon his principal's recommendation, Gardner signed a resignation form. On or before March 30, 1971, Gardner notified the defendants in writing that he wished to withdraw his resignation. At the same time, Gardner asserted his statutory right to have his contract renewed.

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