Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Shuck v. Academy School District 20

United States District Court, D. Colorado

September 5, 2017

DIANE H. SHUCK, Plaintiff/Counterclaim Defendant,
v.
ACADEMY SCHOOL DISTRICT 20, Defendant/Counterclaim Plaintiff, and LINDA VAN MATRE, TRACEY JOHNSON, CATHERINE BULLOCK, LARRY BORLAND, GLENN STREBE, DAVID PEAK, SUSAN FIELD, and TORIA MCGILL, in their official and individual capacities, Defendants.

          ORDER

          Kathleen M Tafoya United States Magistrate Judge

         This matter is before the court on “Plaintiff/Counterclaim Defendant's Motion for Summary Judgment on Academy School District's Counterclaims.” (Doc. No. 52 [“Mot.”].) Defendant/Counterclaim Plaintiff filed a Response (Doc. No. 53 [“Resp.”]), to which Plaintiff/Counterclaim Defendant replied. (Doc. No. 55 [“Reply”]).

         1. Background Information

         Plaintiff/Counterclaim Defendant (“Plaintiff”) began her employment with Defendant/Counterclaim Plaintiff (“Defendant”) in 1992 as a teacher. Plaintiff became an athletic director in 1998 and an Assistant Principal/Athletic Director in 2003. In February 2015, Defendant began an investigation of Plaintiff based on allegations she had violated multiple policies of Defendant. Upon completion of the investigation, Plaintiff was removed from her position and reassigned as a student interventionist for the remainder of the 2014-2015 academic year. Plaintiff appealed this decision and it was ultimately affirmed. Defendant offered Plaintiff a Physical Education teaching position for the 2015-2016 school year, at a reduced salary. Plaintiff obtained an administrative position elsewhere.

         On September 3, 2015, Plaintiff brought the current lawsuit, asserting claims under the Colorado Rules of Civil Procedure 106(a)(4) and 42 U.S.C. § 1983. (See generally Doc. No. 6.) On February 5, 2016, Defendant filed its Answer & CC to Plaintiff's Complaint and also asserted three state law counterclaims, including civil theft, fraudulent misrepresentation, and breach of fiduciary duty. (Doc. No. 36 [“Answer & CC & CC”] at 16-18.) By the current Motion, Plaintiff requests summary judgment against each claim based upon application of Colorado's economic loss rule.

         2. Facts

         1. On May 29, 2014, Plaintiff and Defendant executed a Notice of Licensed Administrative Appointment (“Notice of Appointment”) naming Plaintiff as Defendant's High School Assistant Principal/Athletic Director effective from July 31, 2014 and terminating July 30, 2015. (Doc. No. 53-1.)

         2. The Notice of Appointment provides, “By accepting this appointment, it is understood and agreed that you will perform such duties and assignment as may be reasonably directed by and in accordance with the requirement of the Board of Education of the District or its appropriate administrative officers.” (Id.)

         3. The Notice of Appointment also contains a Damages Clause that states, in relevant part:

An administrator shall agree to pay damages to the school district . . . in an amount up to and including one-twelfth of the annual salary specified in this notice of appointment. Said damages shall be paid by the administrator or withheld from the administrator's salary if said individual abandons, breaches, or otherwise refuses to perform services for this school district pursuant to this notice of appointment, unless the administrator has given written notice to the board thereof on or before July 1, 2014 that the administrator will not fulfill the obligations of said individual appointment during the succeeding academic year, unless the administrator has given at least thirty days' written notice to the Board thereof during the academic year to the effect that the administrator wishes to be relieved of said individual's appointment for the remainder of the year as of a certain date.

(Id.)

         4. Finally, under the Acceptance section, the Notice of Appointment provides:

I agree to perform such duties and services as may lawfully be required of me to the best of my abilities and in a faithful and efficient manner and to comply with all state and federal laws relating to my employment and to all policies and regulations of the Board of Education of Academy School District 20 and the State of Colorado. I also acknowledge that ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.