270 F.Supp. 528 (E.D.Ark. 1967), PB 66 C-76, Davis v. Board of Trustees of Arkansas A & M College
| Citation | 270 F.Supp. 528 |
| Date | 01 September 1967 |
| Docket Number | PB 66 C-76. |
| Parties | H. Brent DAVIS, Plaintiff, v. BOARD OF TRUSTEES OF ARKANSAS A & M COLLEGE, a body corporate, and Dr. HomerBabin, President of Arkansas A & M College, Defendants. |
| Court | U.S. District Court — Eastern District of Arkansas |
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John W. Walker, Little Rock, James J. Graham, Brooklyn, for plaintiff.
Joe Purcell, Atty. Gen., R. D. Smith, III, Asst. Atty. Gen., State of Arkansas, for defendant.
OPINION AND ORDER OVERRULING MOTION TO DISMISS
OREN HARRIS, Chief Judge.
This is an action by the plaintiff, H. Brent Davis, against the Board of Trustees of Arkansas A & M College and its President, Dr. Homer Babin, under provisions of the Civil Rights Act, 28 U.S.C.A. § 1343(3) and 42 U.S.C.A.§ 1983. The jurisdiction of the court is further invoked pursuant to provisions of 28 U.S.C.A. § 1332(a)(1) as between citizens of different states and the amount in controversy exceeds the sum or value of $10,000, exclusive of interest and costs.
The jurisdiction of the court is further based on the provisions of 28 U.S.C.A. § 1331(a) as the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arising under the Constitution, laws, or treaties of the United States. The plaintiff seeks redress, the deprivation under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution and laws of the United States. Both damages and injunctive reliefs are sought as a result of alleged termination of the plaintiff from employment by the Board of Trustees of the Arkansas A & M College.
A motion to dismiss the action was filed by the defendants pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. In their motion to dismiss the defendants claim (1) state immunity, (2) the failure to state a claim upon which relief can be granted, and (3) that the complaint is based on a breach of contract in seeking damages in tort. It is, therefore, urged that the complaint be dismissed (a) because the court has no jurisdiction over the subject matter or (b) for failure to state a claim upon which relief can be granted.
It is undisputed that Arkansas A & M College is a body corporate chartered under the Laws of the State of Arkansas, maintained and operated under the supervision of a Board of Trustees and that Dr. Homer Babin is and was President of the College at the time of the alleged termination of the plaintiff as a member of the faculty. There is no question about the plaintiff, H. Brent Davis, having been employed as a member of the faculty of the College under a written contract commencing August 3, 1965, and continuing until May 31, 1966, at a salary of $6,000. It appears as a matter of fact that such employment was terminated October 31, 1965, in a letter dated October 29, 1965, from President Babin to
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plaintiff Davis in accordance with a policy decision made by the Board of Trustees of the College at its scheduled meeting October 28, 1965.
The Court has the benefit of well prepared briefs by both parties and is impressed with the contention of each of the parties to this action. The Court is not persuaded from the record of the case that it is lacking in jurisdiction or that the complaint fails to state a claim upon which relief can be granted.
The Arkansas Agricultural and Mechanical College was created by the General Assembly of Arkansas, April 1, 1909, and is one of four schools...
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