Legal Opinion · Dissent

Ruth E. Buck, Plaintiff-Appellant-Appellee v. The Board of Education of the City of New York, Defendant-Appellant-Appellee, Dr. Bernard E. Donovan

Court of Appeals for the Second Circuit

Decided April 20, 1977No. 216, 372, Dockets 75-7583, 75-7636Published

1DissentOakes, Circuit Judge

It is conceded by all that, as the majority opinion states, “Mrs. Buck’s position as a *321tenured guidance counselor is indisputably a property interest encompassed within the fourteenth amendment’s due process protection” and that “[her] interest in retaining her job was ... a strong one.” The majority and I are also in agreement that the federal courts should avoid “excessive interference” with constitutionally adequate local procedures, a proposition with which Judge Judd below expressed concurrence. He wrote:

The question is not . . . the discretion of the Board of Education in determining…

2Cases cited13 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  3. In Re GAULTSupreme Court of the United States · 1967
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Nial Ruth Cox v. A. M. Stanton, M.D.Court of Appeals for the Fourth Circuit · 1975

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