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Herrera v. Union No. 39 School Dist.

Supreme Court of Vermont
917 A.2d 923 (2006)


Facts

Dr. Ebaristo Herrera (plaintiff) was a high-school principal. After he was placed on administrative leave, Herrera sued Union No. 39 School District and the district’s superintendent, Dr. James Van Hoof (the District) (defendants). Herrera claimed, in part, that the District deprived him of due process and violated his employment contract by failing to provide a sufficient hearing before placing him on administrative leave. Herrera sought damages for the harm done to his reputation, argued that he lost specific job opportunities because of the damage to his reputation, and claimed those lost opportunities were foreseeable because of the public profile of his job as a school principal. The superior court granted the District’s motion for summary judgment on Herrera’s breach of contract and due process claims. The jury found in the District’s favor on Herrera’s remaining claims. Herrera appealed the superior court’s grant of summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Johnson, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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