The opinion of the court was delivered by: Bauer, District Judge.
MEMORANDUM OPINION AND ORDER
This cause comes on the defendants motion to strike and dismiss
the Amended Complaint.
The plaintiff, Max Miller, has been employed for two years as
a full-time mathematics teacher at Brookwood Junior High School,
School District Number 167, Glenwood, Illinois. The defendants
are School District Number 167, in Cook County, Illinois ("School
District"); the following members of the School Board of District
167: Kathleen Huck, Gene Kappel, John Dougherty, Robert Brady,
Robert Leuder, Sr., Weldon Nygren, and Barton Herr, and Louis
Prevost, Superintendent of Schools of School District Number 167.
This is a civil rights action based on the alleged deprivation of
the plaintiff's right in his dismissal from employment as a
teacher in the School District. Jurisdiction is based on Title
42 U.S.C. § 1983 and 28 U.S.C. § 1343(3). The plaintiff, in his
Amended Complaint, seeks both injunctive relief and damages.
In a letter dated March 18, 1971 plaintiff was advised that the
Board of Education, upon review of his performance and the
recommendation of his superintendent, had decided that it was in
the best interests of the district not to issue him a teaching
contract for the 1971-72 school year. The letter was received
within the statutory period of time for such notice of dismissal
and set out the following reasons for that decision:
1. Difficulty in relating to pupils.
2. Difficulty in relating to parents.
3. Children express themselves as unable to
understand your explanations and assignments.
4. Weak in the area of class control-discipline.
5. Performed personal work during class time rather
than instructing pupils several times.
6. Inadequate in maintaining attention of the pupils.
7. Inadequate motivation of pupils.
8. Mastery of subject matter by class less than
capability of class.
9. Improvement in above weaknesses not sufficient for
an experienced teacher after two ...