Johnson v. Branch

242 F. Supp. 721, 1965 U.S. Dist. LEXIS 6286
CourtDistrict Court, E.D. North Carolina
DecidedJune 11, 1965
DocketCiv. 884
StatusPublished
Cited by8 cases

This text of 242 F. Supp. 721 (Johnson v. Branch) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Branch, 242 F. Supp. 721, 1965 U.S. Dist. LEXIS 6286 (E.D.N.C. 1965).

Opinion

LARKINS, District Judge:

SUMMARY

This cause comes before the Court as a class action in equity. The plaintiff, who is a negro school teacher, seeks injunctive relief as well as damages and attorney’s fees. Jurisdiction is asserted to be under Title 28 U.S.C.A. § 1343(3); Title 42 U.S.C.A. §§ 1971, 1981, 1983, and 1985; and the Constitution of the United States; more particularly the First, Fifth, Thirteenth, Fourteenth and Fifteenth Amendments thereto.

The plaintiff seeks to have the defendants, and all others acting in concert with them, restrained from acting and conspiring in any manner designed to intimidate, deter and harass plaintiff and members of her class whom she allegedly *723 represents, from exercising their civil rights guaranteed to them under the Constitution of the United States.

The plaintiff is a member of the negro race and was a teacher in the public school system of Halifax County, North Carolina. She has participated in various activities which are frequently labeled, for lack of a better term, “civil rights activities” in Halifax County during the years 1963 and 1964. After the close of the 1963-1964 school year, she received information that her employment contract as a teacher was not renewed for the school year 1964-1965.

Plaintiff alleges that the failure to renew her teacher’s contract was the result of a conspiracy by defendants to harass her and members of her class, and that no legal cause exists for the decision not to renew her contract. For this reason, plaintiff seeks the equitable relief previously stated, counsel fees and special and exemplary damages.

The defendants have answered and filed numerous motions including a motion to dismiss for failure to state a claim upon which relief can be granted, and a motion for summary judgment.

Hearings have been held wherein the testimony of plaintiff and the principal defendants has been heard on three separate occasions: July 31, 1964, at the Craven County Courthouse, New Bern, North Carolina; September 28, 1964, at the same location; and on March 15, 1965 at the Federal Court in New Bern.

This Court was not called upon to pass upon the question of issuing a temporary restraining order so as to preserve the teaching position plaintiff claims, until this matter could be disposed of on the merits, because the parties entered in an agreement whereby plaintiff’s teaching position has been filled by a temporary appointment only.

Defendant Joseph Branch has been dismissed as a party on March 15, 1965 by agreement of the parties.

Before the Court at this time, after having been presented with affidavits, depositions and exhibits, after hearing testimony and oral arguments, and after examining written arguments and briefs, are the questions of plaintiff’s prayer for a permanent mandatory injunction (designated a restraining order by the plaintiff), damages and attorney’s fees. Also before the Court are defendants’ motions to dismiss and motion for summary judgment.

FINDINGS OF FACT

At the outset it is necessary to determine the plaintiff’s status within the public school system. In this respect, the Court looks to her employment contracts 1 and the appropriate North Carolina General Statutes. 2

*724 The State of North Carolina has its own public school system which exists under the Constitution of the State of North Carolina 3 and the statutes of the state. 4 Section 115-142 of the North Carolina General Statutes provides no tenure system for public school teachers. Teachers in the public schools are employed under written contracts for the school academic year and these are not *725 continuing contracts; they expire at the end of the contract period and the employing board of education or district committee does not have to renew the contract.

The plan adopted by the State of North Carolina gives the various school committees, superintendents of county and city schools, and the boards of education of county and city administrative units the power to employ or not to employ public school teachers as they see fit, and for any reasons or motives which in their discretion may seem proper, so long as they remain within reasonable constitutional bounds.

There are no vested rights in regard to re-employment of public school teachers. As the statutes clearly indicate, the right to be employed or reemployed for another school year is to be distinguished from the problem of dismissal of a teacher for cause. The problem of a dismissal is not now before the Court.

Prior to the school year 1963-1964, plaintiff established a record as a teacher that would compare favorably with most teachers. This fact was clearly established by the testimony of a Mr. Phillip Constan. According to his testimony, plaintiff was a highly qualified teacher and after the recommendation of her principal was given there were no sufficient grounds not to re-hire the plaintiff. 5

Plaintiff testified, and defendant Williams, the principal of the High School where plaintiff was employed as a teacher also testified, that there was no problem until the school year 1963-1964. Prior to that time the only problems were over minor details and their relationship was in no way strained.

Plaintiff had taught for a period of twelve years, ten of these at Inborden High School, the school of plaintiff’s last employment. During that time plaintiff was the sponsor of the Inborden High School National Honor Society and the Student Council. She also sponsored the school paper, aided in the preparation of one of the editions of the Teacher’s Handbook, and chaired at least two county wide committees relating to the teaching profession and the administration of schools. It can readily be seen that plaintiff was a diligent and dedicated teacher, and was fully engrossed in family and professional affairs.

In respect to her family, plaintiff is the mother of one child, and was forced to remain absent from teaching for a short period while she gave birth to her child. It was not long before she returned to teaching, however.

As a classroom teacher, during the entire twelve years of plaintiff’s career, there can be no doubt that she was beloved by her students and highly respected by her fellow teachers. Other teachers who have worked with plaintiff have submitted affidavits acknowledging her learning, preparation and helpfulness. Former students have likewise submitted affidavits, and they all testify to plaintiff’s competency and dedication.

It is in evidence that plaintiff was a diligent member of the Parent-Teachers’ Association, having been the treasurer of the Inborden School section for two years. Most of plaintiff’s interests were directed toward her family and profession. It is clear that she could have done very little else for either, or for any other outside interests, when one considers her teaching and family commitments.

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Cite This Page — Counsel Stack

Bluebook (online)
242 F. Supp. 721, 1965 U.S. Dist. LEXIS 6286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-branch-nced-1965.