Jeffrey Brown v. Los Angeles Unified School District, Alma Pena-Sanchez, David Gonzalez
Published: Jun. 26, 2010 | Result Date: Jun. 1, 2010 | Filing Date: Jan. 1, 1900 |Case number: BC411213 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Joseph F. Hart
(Law Offices of Joseph F. Hart)
Defendant
Facts
Plaintiff Jeffrey Brown, a teacher employed by defendant Los Angeles Unified School District, taught ninth grade health and life skills classes at Fulton College Preparatory (Fulton Prep) in 2008-2009. On Jan. 16, 2009, Fulton Prep received a complaint from a parent regarding Brown's alleged misconduct toward students.
On Jan. 20, 2009, Brown was informed that he was being reassigned from Fulton Prep to the Local District 2 office ("LD 2"). Commencing on Jan. 21, 2009, Brown was reassigned to the LD 2 office pending an investigation of the allegations made against him.
On April 20, 2009, approximately after three months of being at the LD 2 office, Brown was informed that he was being "assigned to stay at home in paid status until further notice."
In February 2010, the board decided to initiate dismissal proceedings against Brown pursuant to California Education Code section 44939, thereby discontinuing his salary.
Plaintiff denied all of the allegations made again him and filed suit alleging due process violations.
Contentions
PLAINTIFF'S CONTENTIONS:
Brown contended that the individual defendants violated his due process rights by removing him from the classroom and reassigning him to a cubicle pending the investigation of the allegations against him.
Brown also contended that defendants unnecessarily delayed disclosing to him the specific charges being made against him until Fall 2009. He claimed that defendants violated his privacy rights by prohibiting him from interacting with students and faculty while he was reassigned from Fulton.
Brown further contended that the district's investigation was a "sham" and the District had pre-determined his fate.
DEFENDANTS' CONTENTIONS:
DEFENDANT'S
Settlement Discussions
Plaintiff demanded $700,000 in damages. The District offered $25,000 for a global settlement, requiring plaintiff's resignation.
Result
The court granted defendants' motion for summary judgment in its entirety.
Other Information
FILING DATE: April 6, 2009.
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