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Strickland v. South Panola School Dist.

Court of Appeals of Mississippi

December 3, 2013

MARION STRICKLAND, APPELLANT
v.
SOUTH PANOLA SCHOOL DISTRICT, KEITH SHAFFER, IN HIS CAPACITY AS SUPERINTENDENT OF THE SOUTH PANOLA SCHOOL DISTRICT, SANDRA DARBY, JERRY COOLEY, KIM NIX, LYGUNNAH BEAN, W. E. " BUDDY" GRAY, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE BOARD OF TRUSTEES OF THE SOUTH PANOLA SCHOOL DISTRICT, APPELLEES

COURT FROM WHICH APPEALED: PANOLA COUNTY CHANCERY COURT. DATE OF JUDGMENT: 12/03/2012. TRIAL JUDGE: HON. PERCY L. LYNCHARD JR. TRIAL COURT DENIED APPELLANT'S MOTION FOR A HEARING BEFORE THE SOUTH PANOLA SCHOOL DISTRICT.

DISPOSITION: AFFIRMED.

FOR APPELLANT: RANDOLPH WALKER.

FOR APPELLEES: COLMON S. MITCHELL, ROBERT RYAN REVERE.

BEFORE IRVING, P.J., ROBERTS AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. BARNES, J., NOT PARTICIPATING.

OPINION

Page 368

NATURE OF THE CASE: CIVIL - OTHER

IRVING, P.J.

¶1. This appeal arises from the Panola County Chancery Court's denial of Marion Strickland's request for (1) a preliminary injunction ordering the South Panola School District (school district) and its board of trustees (board) to grant Strickland a hearing regarding his termination, and (2) a temporary restraining order preventing the school district and the board from moving forward with termination proceedings. Strickland focuses on the preliminary injunction and argues that the chancery court erred in refusing to grant his request.

¶2. Finding no error, we affirm.

FACTS

¶3. Strickland, a teacher employed with the school district, was arrested for enticing a child pursuant to Mississippi Code Annotated section 97-5-33(7) (Supp. 2013). On October 26, 2012, while Strickland was in jail, Keith Shaffer, the superintendent of the school district, hand-delivered a letter to Strickland which informed him that the board had decided to terminate his employment as a result of his arrest. The letter further stated that Strickland had five days from the date of the delivery of the letter to request a hearing. Strickland did not request a hearing until November 4, 2012. Shaffer notified Strickland's attorney on November 5, 2012, that the board would not grant Strickland's request for a hearing because the request was not made within five days of Strickland receiving notice.

¶4. Strickland filed a complaint for injunctive relief, requesting that the chancery court issue (1) a preliminary injunction ordering the school district to grant him a hearing and (2) a temporary restraining order prohibiting the school district from moving forward with any ...


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