Littlejohn v. Rose

Facts

Appellant, Linda Littlejohn, was a non-tenured teacher. She had good evaluations for the two years she taught, and was described by her principle as an excellent student. Under Kentucky law, non-tenured teachers are automatically re-hired for the following school year unless they received written notice to the contrary by April 30. Appellant’s school system could not determine its hiring needs for the next school year by April 30, so to avoid automatic renewal it would notify the non-tenured teachers that their contracts would not be renewed. During the summer, the superintendent would recommend the appropriate number of non-tenured teachers for rehire. In April 1982, the non-tenured teachers received notice of non-renewal, and subsequently her and her husband separated and divorced. During the summer of 1982 defendant Jack Rose, Superintendent of the schools, did not rehire appellant even though the principal strongly recommended her. Appellant contended that the failure of the superintendent to recommend the renewal of her teaching contract was based upon her impending divorce in violation of her constitutional rights of privacy and liberty. The suit sought reinstatement, back pay, and other damages and relief. The district court directed a verdict in favor of defendants; plaintiff appealed.