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Sturgeon, made the motion to rescind Foster as superintendent.
The lawsuit also states that, on Nov. 19, Solicitor Dean was asked whether the board “could rescind” Foster’s appointment when new members took over the next month and he replied by citing a Pennsylvania court decision where it was found that this type of action would be improper. This, the complaint says, proves defendants “knew that their purported rescission was not lawful.”
The suit goes on, “As a direct and proximate result of CSD’s actions, Plaintiff has lost and will continue to lose wages and benefits that were and are due to her under the contract and has suffered humiliation, embarrassment, injury to reputation, and emotional distress.”
After the rescinding, the board then re-advertised for the position of superintendent and, in April, hired Joseph Gorham, former superintendent of the Carbondale district. The lawsuit states, “Any post-deprivation remedies are inadequate in this case as Defendants have already hired another individual as superintendent.”