Hardy v. Birmingham Bd. of Educ.

This is an appeal from a sua sponte involuntary dismissal pursuant to Rule 41, Ala.R.Civ.P.

Benjamin Hardy was employed by the Birmingham Board of Education (Board). On February 11, 1989, the Board terminated his employment. He appealed his termination to the Employee Review Panel (Panel), and was granted a hearing. The Panel found, on July 14, 1989, that Hardy had been "wrongfully terminated" and that he "should be reinstated immediately to the position of custodian." The Board refused to reinstate Hardy, and on September 15, 1989, Hardy petitioned the Circuit Court of Jefferson County for…