Charles Crawley v. Board of Education of Marion County, Kentucky

BOYCE F. MARTIN, Jr., Circuit Judge,

dissenting.

I respectfully dissent. Plaintiff is entitled to a hearing under the relevant Kentucky law only in the event of either termination of his continuing service contract or administrative demotion. Because plaintiff is currently under contract with the Board, continues his employment as an administrator, and concedes that he has not been demoted, he has not established that he has been denied a procedural right under Kentucky law.

In my view, the action taken by the Board was a “lateral transfer” to an administrative position of similar rank and pay,…