Austin v. Board of Higher Education

In this action at law, the plaintiffs, six discharged employees of the Board of Higher Education of the City of New York, the defendant herein, seek to recover their salaries from the time of their discharge. The gravamen of the amended complaint is that the dismissal of the plaintiffs was predicated on an unconstitutional section of the city charter and that they were dismissed without a hearing in violation of the statutory rights attendant upon their tenure of service. The defendant moves to dismiss the amended complaint for insufficiency on the ground that the only remedy for the relief…