Perry v. Sindermann, 408 U.S. 593

Supreme Court of the United States

1972

Chapter

6

Title

Implied Fundamental Rights

Page

943

Topic

Procedural Due Process

Quick Notes

The plaintiff in Perry, like the one in Roth, was untenured. However, he had taught for ten years, and alleged that the college where he worked had a "defacto" tenure program, and that the college administration had created an "understanding" that he had tenure under that program.

Holding

o         The Court held that plaintiff was entitled to a hearing on his de facto tenure claim, and that such a claim, if proven, gave plaintiff a property interest. Such an interest will be found to exist if there are "mutually explicit understandings" supporting a claim of entitlement.

Application

o         This case indicates that informal practices or customs may be sufficient to create a legitimate claim of entitlement to a benefit.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether an informal tenure practices fostered by a college creates a legitimate procedural due process claim of entitlement?  Yes.

Procedure

Appellant

o         United States Court of Appeals for the Fifth Circuit, which held that respondent, a former college professor, was entitled to pursue a lawsuit against the college for termination of his employment.

Supreme

o         The Supreme Court affirmed the decision of the appellate court, which held that respondent, a former college professor, was entitled to pursue a lawsuit against the college for termination of his employment

Facts/Cases

Discussion

Key Phrases

Rules/Laws

Pl -   Perry

Df -   Sindermann

Description

o         Sindermann was a professor at Odessa Junior College.

o         Whose contract, like in Roth, was not renewed.

o         Sindermann claimed that Odessa had a defacto tenure program.

o   Despite the absence of an actual tenure system, it wished each faculty member to feel that he has permanent tenure so long as his teaching services are satisfied and as long as he displays a cooperative attitude.

o         Sindermann claimed there was a mutual understanding that his contact would be renewed.

Justice Stewart

o         Sindermanns lack of formal contact is not entirely dispositive.

Court - Sindermann raised a genuine issue

o         His interest in continued employment.

Reasoning

o         Although not secured by contact, the tenure was not less binding which was fostered by the college administration.

o         Absence of an explicitly contact may NOT always foreclose the possibility that a teacher has a property interest in re-employment.

Court - Might be able to show entitlement to job tenure

o         Held position for number of years.

o         Administration fostering defacto tenure program

Holding

o         The Supreme Court affirmed the decision of the appellate court, which held that respondent, a former college professor, was entitled to pursue a lawsuit against the college for termination of his employment

Rules

Class Notes