No. 21-21

Caroline Ross v. Judson Independent School District

Lower Court: Fifth Circuit
Docketed: 2021-07-08
Status: Denied
Type: Paid
Tags: administrative-law cross-examination due-process fourteenth-amendment hearsay-evidence non-renewal procedural-rules school-board school-board-non-renewal state-law-violation
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Petitioner was deprived of due process when the tribunals below materially misapprehended the record. They held that there was no objection to admission of case-dispositive hearsay at the teacher's non-renewal hearing and to the inability to cross-examine the hearsay declarant. There was indeed an eight page objection and an adverse ruling.

2. The state deprived teacher of Fourteenth Amendment due process when its School Board non-renewed teacher without jurisdiction to do so.

3. Consideration by a state's fair employment tribunal is protected by the guaranty of Fourteenth Amendment due process. U.S.CONST.Amend.XIV

4. The state deprived teacher of Fourteenth Amendment due process when its School Board violated its own law (by disregarding its policy that only the superintendent could recommend non-renewal, by disregarding its policy on rules of evidence at its hearings, by disregarding its policy of having to consider the most recent evaluation, by firing her for an action which was not even prohibited until after she was non-renewed, in violation of Texas' "constitutional prohibition against retroactive laws" . Vernon's Ann.Texas Const. Art. 1,sec.16; Robinson v. Crown Cork & Seal Co., Inc. ,335 S.W.3d 126,149hn13(Tex.2010) A state's failure to follow its own law violates the guaranty of due process. U.S.CONST.Amend.XIV; Hicks v. Oklahoma ,447U.S.343(1980)

Question Presented (AI Summary)

Due-process-violation

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Brief of respondent Judson Independent School District in opposition filed.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 9, 2021)

Attorneys

Carolina Ross
Larry Warner Sr.Law Office of Larry Warner, Petitioner
Judson Independent School District
Katie Elizabeth PayneWalsh Gallegos Trevino Kyle & Robinson P.C., Respondent