West v. Dooly County Sch. Dist.

The plaintiff was not entitled to damages under U.S.C. § 1983 due to the school district's non-compliance with the Georgia Fair Dismissal Act, O.C.G.A. § 20-2-940 et seq., because the plaintiff had not obtained tenure before the legislature abolished tenure for administrators.

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Bobby West filed this action under 42 USC § 1983, seeking damages for the defendants’ failure to comply with the Georgia Fair Dismissal Act, OCGA § 20-2-940 et seq., when they did not renew his employment contract. He argues that he was a tenured employee of the Dooly County School District and therefore was entitled to due process and the protections of the Fair Dismissal Act before the superintendent decided not to renew his contract. We find that West had not obtained tenure before the legislature abolished it for administrators such as West. We therefore affirm the trial court’s grant of summary judgment to the defendants.

West worked for the Twiggs County School District from 1989 until 1994, first as a teacher for six months and then as an assistant principal. In 1994, he began working as a principal in the Dooly County School District for the 1994-1995 school year. West eventually became the assistant superintendent for facilities, transportation and student services, and management. In April 2007, the then-superintendent, John Bembry, informed West that his contract as assistant superintendent would not be renewed. West filed this action against Bembry, the school district, the members of the board of education and others. He now appeals the trial court’s grant of summary judgment to the defendants.

West v. Dooly County Sch. Dist.

The plaintiff was not entitled to damages under U.S.C. § 1983 due to the school district's non-compliance with the Georgia Fair Dismissal Act, O.C.G.A. § 20-2-940 et seq., because the plaintiff had not obtained tenure before the legislature abolished tenure for administrators.

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