Existing Clients 404-214-0120

B&F Cases

Randel v. Rabun - Seeking to Reverse the 11th Circuit Appeals’ Decision

January 2023

Barrett & Farahany's Matthew Billips is partnering with Atlanta employment lawyer Kristine Orr Brown and noted Supreme Court employment law expert Eric Schnapper in seeking to ask the Supreme Court to reverse the 11th Circuit Appeals' decision against their client, a longtime Rabun County teacher, who the firm argues was let go by the county school board without due process.

Dr. Bronwyn Randel was a tenured Georgia teacher. Her contract of employment wasn't renewed by the Rabun County Board of Education after a hearing that Dr. Randel has alleged was riddled with due process violations, including that the Board members were opposing parties in an age discrimination claim and that the hearing ran so late that Dr. Randel's witnesses had to leave to care for their children, but the Board refused to continue the hearing until the next day. The petition also asks that the Supreme Court overrule the en banc Eleventh Circuit decision in McKinney v. Pate, at least as it applies to questions of procedural due process. 

McKinney v. Pate has resulted in the Eleventh Circuit being the only Circuit in the United States in which a tenured or civil service employee doesn't have a right to due process that can be enforced in the federal courts. Under McKinney, even an admitted failure to provide pre-deprivation procedural due process can't be challenged if state law provides a way to challenge the deprivation after the fact, through appeal or otherwise. This holding covers cases where no actual remedy exists, as long as there is some theoretical remedy under state law. This is particularly problematic because the governmental employees who would be affected are barred from any recovery due to sovereign immunity. 

The petition for certiorari asks the Supreme Court to rule whether the standard applied in eight US Circuit Courts should be adopted instead of the standard applied by the 11th Circuit in Randel's case and previous ones. 

https://www.supremecourt.gov/DocketPDF/22/22-384/243694/20221021184722993_RandelPetPrinter.pdf

https://www.scotusblog.com/case-files/cases/randel-v-rabun-county-school-district/

Practice area(s): Wrongful Termination

Court: 11th Circuit Court of Appeals

Matthew Billips

Partner

WE DO THINGS DIFFERENTLY.

When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.

Menu