Harold H. LANGFORD Et Al., Appellants, v. CITY OF TEXARKANA, ARKANSAS, Et Al., Appellees

478 F.2d 262, 1973 U.S. App. LEXIS 10309, 5 Empl. Prac. Dec. (CCH) 8655, 5 Fair Empl. Prac. Cas. (BNA) 1016
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 25, 1973
Docket72-1187
StatusPublished
Cited by25 cases

This text of 478 F.2d 262 (Harold H. LANGFORD Et Al., Appellants, v. CITY OF TEXARKANA, ARKANSAS, Et Al., Appellees) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harold H. LANGFORD Et Al., Appellants, v. CITY OF TEXARKANA, ARKANSAS, Et Al., Appellees, 478 F.2d 262, 1973 U.S. App. LEXIS 10309, 5 Empl. Prac. Dec. (CCH) 8655, 5 Fair Empl. Prac. Cas. (BNA) 1016 (8th Cir. 1973).

Opinion

HEANEY, Circuit Judge.

We are asked on this appeal to reverse the trial court and to hold, as a matter of law, that two employees of the City of Texarkana, Arkansas, were discharged in violation of their constitutional rights — primarily the right to associate freely with persons of all races.

The underlying facts can be simply stated. Texarkana was selected to participate in the federal government’s Model Cities Program. The Community Development Department of the City *264 was given the responsibility for administering the program, and Tom McRae was named director of that department. McRae hired Harold Langford, a black, to head the Community Organization Division of the department. Langford, in turn, employed Mrs. Jimmie Johnson, a white. 1

On November 28, 1970, McRae was told by the City Manager, Paul Schriever, to discharge Langford and Johnson. Schriever had acted on orders from the Board of Directors of the City, and the Mayor with respect to Langford. Mc-Rae objected to the discharges, but carried out his assignment on November 30. Thereafter, Langford and Johnson sought and were denied reinstatement. They then brought this action, alleging they were discharged without notice or hearing in violation of the due process clause of the Fourteenth Amendment to the United States Constitution, 2 and for exercising their right to freely associate with persons of all races in violation of the First, Ninth and Fourteenth Amendments to the Constitution. Langford further alleged that he was discharged for his political beliefs and activities. 3

The matter was tried to the court. The City introduced testimony designed to prove that Langford was ineffective in his job, that he was unable to get along with elected presidents of neighborhood councils, that he failed to discipline his subordinates for conduct detrimental to the program, that he had failed to organize the Central Business District, and that he had an unacceptable record of prior employment.

Langford, on the other hand, presented testimony tending to prove that he was an effective employee who had been discharged over the objection of McRae, and that factors in the discharge were his interracial associations and his political activities and beliefs. Langford’s witnesses also testified that McRae was fully aware of Langford’s past record when he employed him, and that Lang-ford had been instructed by his superiors not to organize the Central Business District because they feared it would be taken over by VISTA workers who lived there.

Witnesses for the City testified that Mrs. Johnson was a probationary employee who could be fired without cause, 4 but that there was, nonetheless, cause to fire her because she failed to organize a neighborhood council in the Central Business District and because she permitted blacks and whites to visit her home at all hours of the day and night. 5

Mrs. Johnson, on the other hand, presented testimony tending to show that she was a competent employee, that she had been instructed not to organize the Central Business District and that a factor in her discharge was her associa *265 tion with black men, including Lang-ford. 6

The trial court discussed the applicable law and the evidence in a memoran *266 dum opinion, 337 F.Supp. 723. It questioned whether City employees have a constitutional right to associate with persons of all races but assumed, for the purposes of the opinion, that they did. It then stated:

“ * * * While Texarkana is not entitled to be concerned with trying to keep Langford and Mrs. Johnson from associating together as citizens and/or as persons, if the exercise of their right to associate (if that right exists) creates such a state of community rejection in the Texarkana area that it destroys or materially and substantially impairs the ability of Lang-ford and Johnson to discharge the duties of their City employment, then Texarkana is required to step in and terminate their employment.” (Emphasis added.)

The trial court avoided answering the crucial question of whether Langford and Johnson’s interracial associations were a factor in their discharges. Instead, it found that neither was able to gain the confidence of the people with whom they were required to work, that their attitude was one of superior disregard and contempt 7 rather than an attitude of cooperation, and that a true evaluation of the whole picture revealed that each was unable to perform the duties of his or her position.

The problem with these findings is that they left open the question of whether a factor underlying the dismissals was antipathy towards the plaintiffs’ interracial associations. This question must be answered because, in our view, the City had no right to dis-i charge Langford and Johnson if interracial associations were a factor in the! discharges. 8 \

While we could answer the question from the record before us, we decline to do so. It is the trial court’s responsibility to do so in the first instance in accordance with the applicable law.

Racially discriminatory state action in employment is unlawful under the Equal Protection Clause of the Fourteenth Amendment. 9 Penalizing a person for the race of his associates is just as racially discriminatory as penalizing a person because of his or her own race. See, Adickes v. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Dombrowski v. Dowling, 459 F.2d 190, 197, 198, 199 (7th Cir. 1972). See also, Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1966); McLaughlin v. Florida, 379 U.S. 184, 85 S.Ct. 283, 13 L.Ed.2d 222 (1964). In Adickes, the complaint alleged that the plaintiff, a white, had been denied the “equal enjoyment of a place of public accommodation by reason of her association with Negroes” in violation of 42 U. S.C. § 1983. Adickes v. S. H. Kress & Company, 252 F.Supp. 140, 142 (E.D.N.Y.1966) (Emphasis added.). The Supreme Court agreed that this would, if *267 true, constitute unlawful racial discrimination, stating:

“ * * * New principles of law are more firmly stitched into our constitutional fabric than the proposition that a State must not discriminate against a person because of his race

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Bluebook (online)
478 F.2d 262, 1973 U.S. App. LEXIS 10309, 5 Empl. Prac. Dec. (CCH) 8655, 5 Fair Empl. Prac. Cas. (BNA) 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harold-h-langford-et-al-appellants-v-city-of-texarkana-arkansas-et-ca8-1973.