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Shaffer v. Schenectady City School District

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Argued: Sept. 28, 2000

Questions Certified to the New York Court of Appeals: April 2, 2001

Appeal by School District from a permanent injunction entered by the United States District Court for the Northern District of New York (Kahn, J.) granting tenure to plaintiff teacher and ordering her reinstated with back pay. Plaintiff brought this action pursuant to 42 U.S.C. � 1983 claiming that the defendants had illegally revoked her tenure as a public school teacher and dismissed her. Defendants contended that the plaintiff’s claims were meritless because the apparent award of tenure was merely the result of a clerical error when the plaintiff’s name was mistakenly included on a list of teachers to whom tenure was to be granted. The Court of Appeals, Leval, Circuit Judge, certifies to the New York Court of Appeals questions as to whether plaintiff had acquired tenure, and if so, whether subsequent action by the defendants to rescind that tenure constituted a lawful revocation.

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