Charles Crawley v. Board of Education of Marion County, Kentucky

658 F.2d 450, 1981 U.S. App. LEXIS 18054
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 2, 1981
Docket79-3745
StatusPublished
Cited by5 cases

This text of 658 F.2d 450 (Charles Crawley v. Board of Education of Marion County, Kentucky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Crawley v. Board of Education of Marion County, Kentucky, 658 F.2d 450, 1981 U.S. App. LEXIS 18054 (6th Cir. 1981).

Opinions

GEORGE CLIFTON EDWARDS, Jr., Chief Judge.

The sole issue in this case is whether, under Kentucky law, a high school principal is entitled to a hearing before being transferred (at the same pay) to the newly created post of Supervisor of Transportation for the same school system. Before turning to the answer to that question (not a wholly easy one, as Judge Martin’s dissent helps us make clear), we need to explain why a pure question of Kentucky law is being considered at all in a federal court.

Plaintiff Charles Crawley sought relief primarily under 42 U.S.C. § 1983, claiming that his transfer without a hearing from his position as principal of the Marion County High School had violated his rights to free speech and due process under the First and Fourteenth Amendments to the United States Constitution. Crawley also, however, claimed a right to a pre-transfer hearing under the Kentucky Teachers’ Tenure Act, Ky.Rev.Stat. §§ 161.720-161-810.

The District Judge who heard this case below found that “the action taken by the Board in transferring plaintiff was not in retaliation for his exercise of his First Amendment rights and, accordingly, the Court finds that plaintiff is not entitled to relief under Section 1983.” The District Judge continued, however, “The Court believes that judicial economy dictates that the Court exercise its pendent jurisdiction to determine the questions raised under state law.”

We agree with the District Judge that the federal doctrine of pendent jurisdiction announced in United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966), and further explicated in Hagans v. Lavine, 415 U.S. 528, 94 S.Ct. 1372, 39 L.Ed.2d 577 (1974), warrants his decision to enter judgment on the state law aspect of this case. Plaintiff has, as the District Judge obviously thought, stated a Section 1983 claim which is not “so attenuated and unsubstantial as to be absolutely devoid of merit.” Newburyport Water Co. v. Newburyport, 193 U.S. 561, 579, 24 S.Ct. 553, 557, 48 L.Ed. 795 (1904), quoted in Hagans v. Lavine, supra, at 536-37, 94 S.Ct. at 1378-79. Further, we follow the Hagans suggestion that “the state issue should be decided first,” because if these claims are dispositive, federal questions need not be reached. See Hagans v. Lavine, supra, at 545-47, 94 S.Ct. at 1383-84.

Turning, therefore, to plaintiff Crawley’s state law claim, we observe that the extensive hearing provisions of Ky.Rev. Stat. § 161.790 (set forth in the Appendix to this opinion) are invoked whenever a local school board seeks to “terminate” the “continuing service contract” of a “teacher.” See Ky.Rev.Stat. § 161.720(4). The term “teacher” is defined in Ky.Rev.Stat. § 161.-720(1) as “any person for whom certification is required as a basis of employment in the public schools of the state.. .. ”

After serving six years as a certified classroom teacher in the Kentucky schools and attaining continuing contract status, Crawley was promoted to principal of the Marion County High School, in which position he served for four years. Because the Kentucky State Board of Education required “certification ... as a basis of employment” as a high school principal, plaintiff retained his “teacher” status in this new position. Plaintiff was “transferred” to the newly created Supervisor of Transportation position shortly after a new Mari[452]*452on County school board came into office. The record establishes that, although the Marion County Board of Education required certification as part of the new post’s job description, the State Board does not require certification as a prerequisite to employment as a county transportation supervisor.1 Thus, the narrow point of law in this case is whether the Kentucky statutes cited and quoted above require a hearing where a teacher who has served as a school principal (a State Board-certified position) is transferred to a non-certified administrative position.

Under the literal language of Ky.Rev. Stat. §§ 161.720(1) and (4), plaintiff’s claim that the transfer to a noncertified position amounted to “termination” as a “teacher” does appear to be accurate. We adopt this interpretation of the pertinent Kentucky statutes substantially in reliance upon the decision of the Court of Appeals of Kentucky (then Kentucky’s highest court) in Lewis v. Board of Education of Johnson County, 348 S.W.2d 921 (Ky.1961).

In Lewis, a county school board determined that plaintiff-appellant Lewis, who had served nine years as a high school principal, would not be retained as principal for the following school year. After securing new employment as an elementary school principal in Indiana, Lewis sued the board under the Teachers’ Tenure Act, seeking recovery for lost salary and expenses incurred in attaining his new job. The trial court denied relief, finding as fact that Lewis had refused the board’s offer of “suitable employment.” In striking similarity to the instant case, the Kentucky appellate court observed:

Much of the testimony considered by the trial judge concerns the conversations and dealings between the superintendent of the Johnson County Board of Education and various intermediaries and Lewis in an effort to get him to agree to accept a job denominated as Director of transportation. Lewis refused because apparently he considered that he should have been offered employment compatible with his training and previous experience as a principal and teacher. It is the position of the Board that such refusal constituted an abandonment and a valid termination of Lewis’ employment status, whatever it may have been.

Id. at 923.

In remanding the case for fuller development of the facts regarding Lewis’ employment status and its termination, the court offered the following admonition, which we find particularly instructive in the case before us:

The means by which a tenure contract may be terminated are set forth by statute. KRS 161.720(4), 161.790, and 161.-800. Guthrie v. Board of Education of Jefferson County, Ky., 298 S.W.2d 691. The statutory method should be used rather than the indirect means of unworthy or undesirable reassignment.

Id. (emphasis added).

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Related

Hager v. Pike County Board of Education
286 F.3d 366 (Sixth Circuit, 2002)
Petett v. Board of Education
684 S.W.2d 7 (Court of Appeals of Kentucky, 1984)
Tedder v. Housing Authority of Paducah
574 F. Supp. 240 (W.D. Kentucky, 1983)

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Bluebook (online)
658 F.2d 450, 1981 U.S. App. LEXIS 18054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-crawley-v-board-of-education-of-marion-county-kentucky-ca6-1981.