November 9, 2017

Fishkin Lucks Prevails in Employment Litigation Before Third Circuit Court of Appeals

The U.S. Court of Appeals for the Third Circuit today affirmed a judgment by the United States District Court for the District of New Jersey (Simandle, C.J.), which granted the Firm’s motion to dismiss plaintiffs’ lawsuit brought against our client, the state District Superintendent of the state-operated Camden City School District.  Plaintiffs, four former principals and vice principals in the District, alleged that the District Superintendent fraudulently induced their retirement/resignation and deprived them of their due process right to continued tenured employment in violation of 42 U.S.C. § 1983.  Following extensive briefing, the Third Circuit affirmed the District Court’s judgment because, as we argued, the District Superintendent is a State officer sued in his official capacity, and therefore entitled to Eleventh Amendment sovereign immunity.  A copy of the Third Circuit’s decision can be found here.