McKinney v. San Antonio Independent School District

897 S.W.2d 879, 1995 Tex. App. LEXIS 1061, 1995 WL 138412
CourtCourt of Appeals of Texas
DecidedMarch 31, 1995
DocketNo. 04-94-00486-CV
StatusPublished
Cited by3 cases

This text of 897 S.W.2d 879 (McKinney v. San Antonio Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKinney v. San Antonio Independent School District, 897 S.W.2d 879, 1995 Tex. App. LEXIS 1061, 1995 WL 138412 (Tex. Ct. App. 1995).

Opinion

OPINION

HARDBERGER, Justice.

The question presented is whether a final judgment in a federal claim for race discrimination is res judicata of an action for enforcement of a state administrative order. We hold that it is not. Appellant, McKinney, appeals from a summary judgment granted in favor of the San Antonio Independent [881]*881School District in his action seeking enforcement of an order by the Texas Commissioner of Education reinstating him as a teacher in the district. The trial court specifically stated that the summary judgment was based on res judicata due to the final judgment in the prior federal race discrimination lawsuit. We reverse and remand.

Facts

Charles McKinney, an African-American band teacher, was fired from his job with the San Antonio Independent School District (School). McKinney, believing the termination was due to his race, filed a race discrimination suit in U.S. District Court. At the same time he administratively appealed his termination under Tex.Educ.Code sec. 13.114 which provides in part: “no order adverse to the teacher shall be entered except upon majority vote of the full membership of the board of trustees.” There are seven members of the board of trustees, and when the matter came to a vote only five persons voted: three voted to uphold the termination, and two voted against it. Two members did not vote. Therefore, the vote was one shy of the votes needed to support the termination. Nevertheless, the School did not reinstate him. McKinney appealed to the Commissioner of Education who ruled in his favor citing that the School had faded to get the four votes they needed to terminate employment. The School still refused to reinstate him. During this administrative process, but before the Commissioner had ruled, McKinney amended his federal court complaint. In his amended complaint he put the federal court on notice of the ongoing administrative proceeding and stated:

Plaintiff respectfully advises the Court that he intends to amend this case to present all his claims arising from the same facts and transactions in this venue once a final Agency ruling is obtained.

From that time forward, until the federal court finally rendered a summary judgment in favor of the School, the administrative proceedings are discussed and even testified about. In the summary judgment order, the Court mentions the administrative proceedings, but does not rule on them. The sole ground for the granting of the summary judgment order is:

Finding no genuine issue of fact regarding whether Defendant discriminated against Plaintiff based on his race, the Court concludes that Defendant is entitled to judgment as a matter of law.

Having lost his federal suit, and having won his administrative proceeding, McKinney filed suit in state court from which this appeal arises. The basis of this suit is to enforce the Education Commissioner’s order and for breach of contract. This suit also fell victim to a summary judgment. The ground of this summary judgment is res judicata, referring back to the federal lawsuit.

This well briefed and ably argued lawsuit raises issues concerning the Eleventh Amendment of the Constitution, res judicata, jurisdiction and venue. These will be discussed below, but because we feel the Eleventh Amendment dominates the controversy, we reverse and remand.

Eleventh Amendment and Res Judicata

Res judicata is a sensible and well established doctrine to prevent a litigant from trying the same issues over and over in subsequent lawsuits. With over-worked courts, once is quite enough.

Res judicata prevents the relitigation of a claim or cause of action that has been finally adjudicated, as well as related matters that, with the use of diligence, should have been litigated in the prior suit. See Commissioner of Internal Revenue v. Sunnen, 333 U.S. 591, 597, 68 S.Ct. 715, 719, 92 L.Ed. 898 (1948); Eubanks v. F.D.I.C., 977 F.2d 166, 173 (5th Cir.1992).

There can be no doubt that McKinney tried, at least for a period of time, to place the enforcement of the commissioner’s order, which he hoped to get, before the federal court. It is also undisputed that the federal [882]*882court made no rulings on any administrative matters. However, the fact that the federal court did not rule on the administrative matters or breach of contract action does not resolve the res judicata question. Res judi-cata not only encompasses “adjudicated” matters, but those matters that, with the use of diligence, should have been litigated in the prior suit.

This brings us to the Eleventh Amendment, which, in our opinion, would have prevented the federal court from ordering the School or any other state official to conform their conduct to state law. Nor does any theory of pendent jurisdiction permit such an evasion of the immunity guaranteed by the Eleventh Amendment. Further, any breach of contract claims are so interdependent and inextricably intertwined with state administrative law and the Commissioner of Education’s decision that they could not have been ruled on in the racial discrimination federal suit.

The Eleventh Amendment provides:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State,1 or by Citizens or Subjects of any Foreign State.

The leading case in recent years on the Eleventh Amendment is Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984). This was a class action brought by mentally retarded citizens for appalling conditions of confinement. The defendants were the institution, certain of its officials, the Pennsylvania Department of Public Welfare and various state and county officials. The Supreme Court held that the Eleventh Amendment prohibited the District Court from ordering state and county officials to conform their conduct to state law.

This Court’s decisions thus establish that “an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.” Employees [v. Missouri Public Health Dept.], supra, 411 U.S. [279], at 280, 93 S.Ct. [1614], at 1616 [36 L.Ed.2d 251 (1973) ]. There may be a question, however, whether a particular suit in fact is a suit against a State. It is clear, of course, that in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment. ...

Pennhurst State School, 465 U.S. at 100, 104 S.Ct. at 908.

The case goes forward to dispose of the theory of pendent jurisdiction:

This constitutional bar applies to pendent claims as well. As noted above, pendent jurisdiction is a judge-made doctrine of expediency and efficiency derived from the general Art. Ill language conferring power to hear all “cases” arising under federal law or between diverse parties.... Our decision in Edelman v. Jordan [415 U.S. 651, 94 S.Ct.

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Related

San Antonio Independent School District v. McKinney
936 S.W.2d 279 (Texas Supreme Court, 1997)

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Bluebook (online)
897 S.W.2d 879, 1995 Tex. App. LEXIS 1061, 1995 WL 138412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-san-antonio-independent-school-district-texapp-1995.