Harhay v. Town of Ellington Board of Education

Argued May 30, 2002 The decision is affirmed in part and reversed and remanded in part. Plaintiff Anne E. Harhay brought an action against defendants Town of Ellington Board of Education (the ""Board""), Superintendent Richard E. Packman, and the individual members of the Board (the ""Board members"") in the United States District Court for the District of Connecticut (Thompson, J.). The action arises from the Board's refusal to accept the resignation of another teacher and rehire Harhay to fill the resulting vacancy. Harhay alleged a violation of her right to due process pursuant to 42 U.S.C. § 1983, as well as breach of contract and intentional infliction of emotional distress. Defendants moved for summary judgment based on plaintiff's failure to exhaust administrative remedies, plaintiff's failure to state a cause of action, and defendants' legislative and qualified immunity as to plaintiff's due process claim. The district court denied the motion with respect to legislative and qualified immunity on August 28, 2001. Plaintiff's claim of intentional infliction of emotional distress was dismissed by the district court; her breach of contract claim remains pending against all defendants.