Ethel Hatton v. Marshall Wicks, Individually, and as Principal of Hughes Elementary School

JERRE S. WILLIAMS, Circuit Judge:

This is an unusual case in which an established sixth grade teacher, under contract and who had taught sixth grade at the same school for ten years, was discharged for refusing to accept into her class a thirteen year old “disciplinary problem student” who chose her as his teacher in what the discharged teacher calls a “lineup” of the available teachers. The use of the word “lineup” to describe what actually occurred is, to some extent at least, a stigmatizing overstatement. Appellant Ethel Hatton was an established and qualified school teacher under contract…