Former East Allen County Schools bus driver Raymond Mack sued the school district and state officials after his termination and the revocation of his "yellow card" driver certification. Mack alleged violations of his due process rights under 42 U.S.C. § 1983, racial discrimination under Title VII and 42 U.S.C. § 1981, and violations of the Labor Management Relations Act.
The Northern District of Indiana granted summary judgment for the school defendants on all claims. The court found Mack received adequate process before his suspension and termination, and that he failed to provide evidentiary support for his discrimination claims or a valid cause of action under the LMRA against a public school district.
The outcome differed for Michael Larocco, the Indiana Department of Education’s Transportation Director. Mack’s motion for summary judgment against Larocco was granted because Larocco revoked Mack’s license without providing pre-deprivation notice or an opportunity to be heard.
Mack, a black man hired by East Allen County Schools in 2019, faced disciplinary action for multiple safety incidents. These included leaving a student unattended on a bus with the keys in the ignition and nearly backing the bus into a faculty member and student.
The school district fired Mack in January 2024 after an investigation confirmed he had left students unattended on multiple occasions. Mack attempted to file informal grievances, which the school denied, and sought FMLA leave to avoid a termination meeting.
Following his termination, Larocco revoked Mack’s yellow card for six months based on the safety incidents. Larocco notified Mack via certified mail that was returned undelivered and later spoke with Mack by phone, though the parties disputed whether Larocco explained the appeal process during that call.
Judge Brady applied the Mathews v. Eldridge balancing test to determine if Mack was entitled to pre-deprivation process. The court found Mack’s interest in his livelihood was strong, particularly because license revocation forced him to transition to a new field.
The court noted that Larocco acted unilaterally based on the school’s investigation rather than conducting his own. The record did not establish an immediate emergency justifying the bypass of pre-deprivation process, especially since Mack was no longer driving a bus when the revocation occurred.
While the court acknowledged that summary administrative actions can be justified in emergencies, it held that Mack’s conduct did not rise to that level. The court emphasized that due process required notice and an opportunity to be heard before Larocco summarily suspended the license.
The court clarified that its ruling did not bar the IDOE from summarily revoking licenses in all circumstances, noting that due process would be satisfied if a civil or criminal judgment had already been entered against the driver.