Cato v. Collins, H-71-C-10.
| Decision Date | 01 April 1975 |
| Docket Number | No. H-71-C-10.,H-71-C-10. |
| Parties | John E. CATO and Mrs. Lucille B. Cato, Plaintiffs, v. Morgan COLLINS, President of Forrest City Special School District No. 7, et al., Defendants, Cecil Twillie and Howard C. Smith, Plaintiffs-Intervenors. |
| Court | U.S. District Court — Eastern District of Arkansas |
John W. Walker and Philip E. Kaplan, Little Rock, Ark., for plaintiffs-intervenors.
Harold Sharpe, Sharpe & Long, and E. J. Butler, Butler & Hicky, Forrest City, Ark., for defendants.
In this proceeding, the Court is again called upon to determine issues between claimants, and more specifically, plaintiffs-intervenors, Cecil Twillie and Howard C. Smith, and the Forrest City Special School District No. 7, Forrest City, Arkansas.1
This case was originally filed by the plaintiffs, John E. Cato and Mrs. Lucille B. Cato, for themselves individually and as a class action suit on behalf of all other persons similarly situated pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. The claims of all parties, over a substantial period of time, and after numerous evidentiary hearings, have been settled or otherwise disposed of, with the exception of the former school teachers, Cecil Twillie and Howard C. Smith.
In the Order entered by this Court on July 31, 1972, requiring, inter alia, that the Forrest City School District establish objective, nondiscriminatory standards in the employment, assignment, promotion, demotion, or dismissal, of teachers, including those assigned to specialty services such as principal, coaches, etc. . . ., the Court retained jurisdiction in all aspects of the proceeding for the effectuation of the Court's Order.
Although the litigation was filed and numerous aspects of it tried to the Court as a class action, Cecil Twillie and Howard C. Smith, as plaintiffs-intervenors, filed, on August 23, 1973, a Motion for further relief. In their Motion, Twillie and Smith allege that, at the time of their original intervention, they were both faculty members of the defendant School District.
As intervenors, they allege that on or about May 29, 1973, Howard C. Smith was informed that his contract for teaching services with the Forrest City School District for the year 1973-74 would not be renewed; and on or about June 5, 1973, Cecil Twillie was informed that his teaching contract for the year 1973-74 would not be renewed.
These intervenors further alleged that they were not afforded an opportunity for a hearing before the Directors of the Forrest City School District No. 7, prior to their having made such determinations of non-renewal. Further, it is alleged that, subsequent to the non-renewal by the Directors, as set forth in their letters of May 29 and June 5, a hearing was held for both intervenors before the Directors of the Forrest City Special School District. Subsequently, they were advised, by the direction of the Directors of the Forrest City Special School District No. 7, that the previous action of not renewing their contracts was affirmed. It is further alleged that the failure to renew the contracts was occasioned by the intervenors' activities in prior phases of the litigation and was racial in motivation. They claim they were denied a pre-termination hearing in violation of their due process rights under the Constitution of the United States. They further contend that they were denied equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States. For relief, they ask to be reinstated as teachers by the Forrest City School District with all benefits and rights, including attorneys' fees.2
The defendants, on August 28, 1973, filed a Motion to dismiss the claim of Cecil Twillie and Howard C. Smith for further relief. It was the contention of the defendants that all alleged causes of action were finally adjudicated and concluded. The defendants further claim that this was not the proper proceedings wherein the plaintiffs-intervenors, Cecil Twillie and Howard C. Smith, were properly before the Court as an adjunct to this overall cause of action. The School District claims that the action of the intervenors should be brought in a new case. Pursuant to regularly scheduled hearing on August 28, 1973, the Court, being fully advised as to all matters, denied the defendants' Motion to dismiss the claim of Twillie and Smith. An Order was entered accordingly on August 29, 1973.
Subsequent to a pre-trial conference, regularly scheduled on February 19, 1974, the claim of the plaintiffs-intervenors, Twillie and Smith, was heard in a regularly scheduled evidentiary hearing commencing on March 18, 1974. The hearing continued through March 19, during which time numerous exhibits were entered, witnesses were heard, and a stipulation was filed by counsel on the part of the parties.
In the stipulation, it was agreed that the record of proceedings before the Board of the Forrest City School District No. 7, on June 29, July 11 and July 15, 1973, would be received as evidence to be considered by the Court in connection with the claims of Twillie and Smith. Following the evidentiary hearing, counsel for the parties were given an opportunity to submit briefs on the issue developed during the course of the proceedings. The Court has received excellent briefs on the questions developed at the hearing as to the respective position of the parties.
The Court also required the School Board to submit a report, pursuant to the previous Order of the Court entered July 31, 1972, for a determination of compliance with the Court's orders of nondiscriminatory acts in the operation of the Forrest City Schools.
On July 1, 1974, the defendant school district, by its attorney, submitted its report as required for the period of July 1, 1972, through April 30, 1974. It appears to be in compliance with the Court's Order of July 31, 1972. No objection has been made to the report. The Court, therefore, concludes that, with the adoption of objective nondiscriminatory standards in the employment, assignment, promotion, demotion or dismissal of teachers, including those assigned to specialty services such as principal, coaches and other such special duties, approved by the Court in its Order of May 24, 1973, and report of July 1, 1974, the School District is in compliance with the Court's memorandum opinion and Order of July 31, 1972, with the exception of the claims of Twillie and Smith, intervenors herein.
The claims of the plaintiffs-intervenors arose at the end of the school year of 1972-73 and prior to the filing, by the defendant School District, of the report referred to herein.
From the evidentiary hearing on the claims of Cecil Twillie and Howard C. Smith for further relief, which included ore tenus testimony of witnesses, numerous exhibits and the transcript of proceedings before the Board of Directors of the Forrest City School District No. 7, the Court concludes that there are two primary questions for determination, to-wit.
(1) The claims of Cecil Twillie and Howard C. Smith that the failure of the Board to renew their contracts to teach in the Forrest City Schools for the ensuing school year was due to racial considerations and activities, and
(2) Were the claimants Twillie and Smith denied due process and equal protection under the Fourteenth Amendment to the Constitution of the United States, and applicable statutes.
The Court will consider these questions in the order as stated above.
First, was the action of the School Board, in failing to renew the contracts of Cecil Twillie and Howard C. Smith to teach in the Forrest City Schools for the school year 1973-74, racially motivated or in any way tinged due to their race.
The intervenors, Twillie and Smith, have the burden of establishing by testimony a prima facie case against the defendants. If a prima facie case is established by the claimants, it then becomes the duty of the defendant School District to establish by the evidence that the action of the School Board was justified and in compliance with the orders of the Court and in no way was it racially motivated.
In its Order of July 31, 1972, the Court concluded that the defendant, Forrest City School District No. 7, had a long history of dual operated schools, segregated by race. The Court enjoined the defendants, Forrest City School District No. 7, the Board of Directors, Superintendent, and all administrative staff in connection with the employment, assignment and direction of teachers, and staff personnel in the area of specialty assignments from further racial discrimination. Furthermore, the Court required the School Board to establish objective nondiscriminatory standards in the employment, assignment, promotion, demotion or dismissal of teachers or other personnel, including those assigned to specialty services which require extra and additional duties.
It is necessary, therefore, for the Court to review the record in order to make a determination as to whether the School Board, in terminating the services of the intervenors, Twillie and Smith, by failing to renew their contracts, acted in a manner contrary to the objective standards of the School District previously approved by the Court.
Both Cecil Twillie and Howard C. Smith are black persons. Cecil Twillie was first employed as a teacher in the Forrest City Schools for the school year 1962-63, at which time the School District was operating a dual system. He taught the 7th, 8th and 9th grades for several years and performed specialty service as coach of those students, for these grades, participating. At one time, he made an application for the position in the School referred to as Dean of Men. His application was not approved and, thus, he failed to receive the promotion it would have afforded him. He testified that the Superintendent of Schools mentioned to him, in connection with his application, his participation in a...
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...a teacher's contract on an annual basis regardless of years of service, without any accountability for that decision. Cato v. Collins, 394 F.Supp. 629 (E.D.Ark.1975) aff'd 539 F.2d 656 (8th Cir.1976). That right of the school district still exists as to probationary teachers, and no reason ......
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Cato v. Collins, 7
...that is under the name of a dismissed student; and Recommendation by Principal of Forrest City Junior High School. 3 Cato v. Collins, 394 F.Supp. 629, 638 (E.D.Ark.1975). The decision not to renew the appellant's teaching contract was reached at a board meeting held in executive session on ......