Legal Opinion · Concurring in part, dissenting in part

O'Hara v. Board of Education of Brooklyn City School District

Court of Appeals for the Sixth Circuit

Decided July 30, 2003No. Nos. 01-4269, 02-3093Published

1Concurring in part, dissenting in partClay, Circuit Judge

I concur in the majority opinion on all issues except for those relating to Plaintiff’s due process claims. Plaintiff proffered sufficient evidence to create a genuine issue of material fact for trial as to *316whether she functioned as a “supervisor” or “management level employee” for purposes of affording Plaintiff the procedural protections of Ohio Rev.Code § 3319.16 and Plaintiff proffered sufficient evidence to demonstrate that she had a protected property interest in her two-year non-teaching contract with the Board for purposes of affording Plaintiff constitutional protections. Thus,…

2Cases cited11 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Siegert v. GilleySupreme Court of the United States · 1991
  5. Virgil Abdur-Rahman v. Michigan Department of Corrections, Kenneth McGinnisCourt of Appeals for the Sixth Circuit · 1995

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