Seaman v. SPRING LAKE PARK INDEPENDENT SCH. DIST. NO. 16, 4-73-Civ. 23.

• Decision Date: 22 January 1973
• Docket Number: No. 4-73-Civ. 23.,4-73-Civ. 23.
• Parties: Margo SEAMAN, on behalf of herself and all others similarly situated, Plaintiff, v. SPRING LAKE PARK INDEPENDENT SCHOOL DISTRICT NO. 16 et al., Defendants.
• Court: U.S. District Court — District of Minnesota

363 F. Supp. 944

Margo SEAMAN, on behalf of herself and all others similarly situated, Plaintiff, v. SPRING LAKE PARK INDEPENDENT SCHOOL DISTRICT NO. 16 et al., Defendants.

No. 4-73-Civ. 23.

United States District Court, D. Minnesota, Fourth Division.

January 22, 1973.

Ellen Dresselhuis, Minneapolis, Minn., for plaintiff.

Joseph E. Flynn, Peterson & Popovich, St. Paul, Minn., for defendants.

MEMORANDUM ORDER AND RULE 52 FINDINGS

LARSON, District Judge.

The plaintiff has filed a complaint seeking preliminary and permanent injunctive relief for herself and for that class she claims to represent, as well as declaratory relief which would curtail future actions of defendants. Due to the nature of plaintiff's request, relief, to be effective, must be granted immediately. Consequently the Court at this time will deal only with that part of the motion pertaining to preliminary injunctive relief.

The facts are undisputed. Plaintiff is an elementary teacher at Park Terrace School in the defendant Spring Lake Park School District. She is a member of an experimental team-teaching unit which has been operating at Park Terrace for two and one-half years. The teamed teachers are jointly responsible for the education of a large group of 9, 10, and 11 year olds, some of whom have been under plaintiff's guidance for one and one-half years. It is acknowledged by all concerned that plaintiff is a capable component in an experimental team of elementary teachers. Because plaintiff is now seven months pregnant, defendant members of the Board of Directors of the school district have "granted" her a semester maternity leave, effective January 20, 1973. This action was taken despite plaintiff's repeated request that she be allowed to teach until her confinement (some time after March 15) and to return to her position three weeks after giving birth. Plaintiff alleges that she and all others similarly situated are being denied the equal protection of the law and due process guaranteed by the Fourteenth Amendment and the right to privacy in their marital and family affairs. This action is brought under the Civil Rights Act, 42 U.S.C. § 1983; this Court has jurisdiction pursuant to 28 U.S.C. § 1343(3) and (4).

Preliminary injunctive relief involves a balancing of the equities on the knowledge at hand, pending full exploration of the factual details and/or further development of legal theories by the parties. Considerations include the plaintiff's eventual likelihood of success on the merits, whether or not plaintiff will be irreparably damaged if the Court does not grant the relief sought, the extent of injury to the defendant if the injunction issues, and the public interest. Cox v. Northwest Airlines, 319 F.Supp. 92, 95-96 (D.Minn.1970). (1) The permissibility of forced maternity leaves under the Equal Protection clause of the Fourteenth Amendment is an unresolved issue. Compare Cohen v. Chesterfield County School Board, 474 F.2d 395 (4th Cir. 1973) (upholding forced maternity leave regulation), with LaFleur v. Cleveland Board of Education, 465 F.2d 1184 (6th Cir. 1972) (holding similar regulation invalid). See also Schattman v. Texas Employment Commission, 459 F. 2d 32 (5th Cir. 1972), cert. denied, 409 U.S. 1107, 93 S.Ct. 901, 34 L.Ed.2d 688 (1973) (holding against the terminated school teacher). But see Williams v. San Francisco Unified School District, 340 F.Supp. 438 (N.D.Cal.1972) (holding the regulation invalid, distinguishing Schattman on jurisdictional grounds). In view of this uncertainty, it cannot be said that plaintiff's prospect of prevailing on the merits here is improbable. (2) Plaintiff's affidavit and those of her obstetricians indicate that she is in good health, and that her absence from school will in all probability be limited to three...