Thompson v. School District of Omaha

623 F.2d 46, 22 Fair Empl. Prac. Cas. (BNA) 1802, 1980 U.S. App. LEXIS 17376, 23 Empl. Prac. Dec. (CCH) 30,963
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 21, 1980
DocketNo. 79-1593
StatusPublished
Cited by6 cases

This text of 623 F.2d 46 (Thompson v. School District of Omaha) 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
Thompson v. School District of Omaha, 623 F.2d 46, 22 Fair Empl. Prac. Cas. (BNA) 1802, 1980 U.S. App. LEXIS 17376, 23 Empl. Prac. Dec. (CCH) 30,963 (8th Cir. 1980).

Opinion

HEANEY, Circuit Judge.

Maudie Thompson, a black schoolteacher, brought an action pursuant to 42 U.S.C. § 1983 challenging the termination of her employment as a tenured teacher in the Omaha public schools. She contends that her dismissal was motivated by racial considerations rather than the board’s stated ground of incompetency, thereby denying her substantive due process and equal protection of the law. The trial court held that Thompson was required to prove an intent to discriminate, and found as trier of fact that the evidence “overwhelmingly demonstrate[d] that her dismissal was due to her incompetency,” and that race was not a “motivating factor” in the decision to terminate her employment. We affirm the judgment of the district court.

Thompson, who is sixty-one years old, holds a bachelor’s degree in mathematics and two master’s degrees. Prior to joining the Omaha School District in 1967, she taught in a number of high schools, a junior college and Florida Normal College. In 1973, Thompson received statutory tenure by virtue of being reemployed for a sixth consecutive school year. Neb.Rev.Stat. § 79-1257. Between 1967 and June of 1975, Thompson taught mathematics at Horace Mann Junior High, a predominantly black [48]*48school,1 and received generally favorable evaluations. In June of 1975, this Court found the Omaha school system to be segregated as a matter of law and ordered the immediate transfer of teachers within the system to begin integrating the faculty. United States v. School Dist. of Omaha, 521 F.2d 530 (8th Cir.), cert. denied, 423 U.S. 946, 96 S.Ct. 361, 46 L.Ed.2d 280 (1975). Thompson was one of the teachers selected to be transferred, and in the fall of 1975, she began teaching mathematics at Morton Junior High, a predominantly white school.2 During the 1975-1976 school year, students and parents complained about Thompson’s teaching and she was unfavorably evaluated by administrators who observed her classroom. In June, 1976, Thompson received notice that the superintendent intended to recommend termination of her employment to the school board. Following an extensive hearing, the school board voted to terminate Thompson’s employment.

Thompson contends that the district court erred in failing to hold that she had established a prima facie case of racial discrimination. We agree with that contention. Normally, the burden of proving intent to discriminate rests with the plaintiff in a section 1983 action, Marshall v. Kirkland, 602 F.2d 1282, 1288 (8th Cir. 1979); Clark v. Mann, 562 F.2d 1104, 1112 (8th Cir. 1977); Williams v. Anderson, 562 F.2d 1081, 1086 (8th Cir. 1977), and intent will have to be found by “a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266, 97 S.Ct. 555, 564, 50 L.Ed.2d 450 (1977). In some instances, however, evidence of discriminatory intent may be sufficient to establish a prima facie case of racial discrimination, triggering a rebuttable presumption in favor of individual relief. Williams v. Anderson, supra at 1087. The defendant must then show by clear and convincing proof that it did not unlawfully discriminate against the plaintiff. United States v. Cotton Plant School Dist. No. 1, 479 F.2d 671, 672 (8th Cir. 1973); Moore v. Board of Education, 448 F.2d 709, 711 (8th Cir. 1971).

We have applied this concept in cases of teacher dismissals resulting from reductions in staff upon the court-ordered or voluntary closings of segregated schools. United States v. Cotton Plant School Dist. No. 1, supra; Thomas v. Board of Education, 457 F.2d 1268 (8th Cir. 1972); Moore v. Board of Education, supra. In those cases, we have found a prima facie case exists

if the district has a long history of segregation, if there is a decrease in the number of black teachers, if the proportion of the black faculty to white faculty is significantly less than the proportion of black to white students, and if only black teachers are dismissed.

Moore v. Board of Education, supra at 711. We found a prima facie case was established in Williams v. Anderson, supra at 1088-1091, even though we did not explicitly find that all four of Moore’s elements were met, because the plaintiffs’ evidence showed that systemwide discrimination against black faculty existed both before and after unitization of the schools.

The school district argues that Thompson did not make out a prima facie case because she failed to either meet the four elements of Moore or to show the continuing discrimination of Williams v. Anderson. While we agree that the facts before us do not mirror Moore or Williams v. Anderson, we nevertheless feel that Thompson has established a prima facie case. There is no “inflexible formulation” of what constitutes a prima facie case; it varies with respect to differing factual situations. Williams v. Anderson, supra at 1088; see International Bhd. of Teamsters v. United States, 431 U.S. 324, 358, 97 S.Ct. 1843, 1866, 52 L.Ed.2d 396 (1977). The rebuttable presumptions created by the prima facie case “reflect judicial evaluations of probabilities and * * * conform with a party’s superior access to the proof.” Id. at [49]*49359 n.45, 97 S.Ct. at 1867 n.45; Williams v. Anderson, supra at 1088. We feel that Thompson’s proof established a prima facie case of racial discrimination. We found in United States v. School District of Omaha, supra at 537-538, that the Omaha schools intentionally created and maintained segregation in five areas, including faculty assignment. We ordered the immediate transfer of teachers to begin integrating the faculty. Maudie Thompson was one of those teachers so selected, and she established that although she had received favorable evaluations at the black school, she was terminated after only one year of teaching in the white school. Thompson does not argue that all black teachers so transferred were the victims of racial discrimination, and she offers no statistics to indicate that a disproportionately large number of black teachers were fired. We do not feel, however, that these facts are dispositive of the question of whether she has established a prima facie case.

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623 F.2d 46, 22 Fair Empl. Prac. Cas. (BNA) 1802, 1980 U.S. App. LEXIS 17376, 23 Empl. Prac. Dec. (CCH) 30,963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-school-district-of-omaha-ca8-1980.