Joseph v. St. Charles Parish School Bd., 83-3209

Citation736 F.2d 1036
Decision Date19 July 1984
Docket NumberNo. 83-3209,83-3209
Parties18 Ed. Law Rep. 317 Albert JOSEPH, Plaintiff-Appellant, v. ST. CHARLES PARISH SCHOOL BOARD, Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Jefferson, Bryan & Gray, Trevor G. Bryan, New Orleans, La., for plaintiff-appellant.

Deutsch, Kerrigan & Stiles, Robert E. Kerrigan, Jr., Howard J. Ettinger, New Orleans, La., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before CLARK, Chief Judge, RUBIN and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Invoking 42 U.S.C. Sec. 1983, Albert Joseph sued the St. Charles Parish School Board alleging that the board violated his constitutional right to due process by failing to provide a hearing within a reasonable time after he was suspended from his job as an elementary school teacher. The district court rejected Joseph's demands for an injunction and a money judgment 1 on findings that the delays were caused or concurred in by Joseph and, in any event, that Joseph suffered no prejudice. We affirm.

Facts

Joseph was hired as a music teacher in 1955 and became tenured in 1958. In March 1979 he was conducting band classes at Carver Elementary School. On March 14, 1979, Cynthia Tregre reported to the school authorities that her 11 year old daughter Lisa, a band student, had been sexually molested by Joseph during a music exercise. Mrs. Tregre charged that while purporting to teach Lisa proper flute-playing posture and breathing techniques, Joseph had fondled Lisa's breasts and had attempted to place his hand in her panties.

Several members of the school board conducted an immediate investigation, interviewing Lisa, other students, teachers and staff members at Carver Elementary and found substantial basis for the Tregre complaint. On March 16, 1979, the board's Assistant Superintendent for Administration informed Joseph of the charges and preliminary findings and gave Joseph the option of resignation or suspension. Joseph refused to resign and on March 19, 1979, the board suspended him without pay, pending a complete investigation.

On April 29, 1979, the board adopted a resolution scheduling a tenure hearing for May 24, 1979. By letter dated May 1, 1979, the Superintendent of Schools notified Joseph of the hearing, noted the specific charges, and informed Joseph of his rights to counsel, to call witnesses, and to present evidence on his behalf.

Joseph's attorney requested a continuance to prepare for the hearing. The board agreed, and the hearing was rescheduled for June 20, 1979. On June 19, 1979, Joseph filed suit in federal court to enjoin the hearing on the ground that the board had failed to comply with the Louisiana Administrative Procedure Act, La. R.S. 49:951 et seq, particularly as related to prehearing discovery. The June 20 hearing was aborted.

The district court declined to grant the injunctive relief sought but cautioned the school board that any hearing held in violation of the Louisiana APA might be invalidated. The applicability of the APA to school boards was then a disputed question and clarifying legislation was then pending before the Louisiana Legislature. Shortly thereafter, the legislature passed what became Act 578 of the 1979 Regular Session, specifically exempting school boards from the requirements of the APA. When notified of this action, the district court denied Joseph's petition for injunctive relief.

In the meantime, both Joseph and the School Board evidenced a desire to settle the dispute without a formal hearing, obviously wishing to avoid the unpleasantness and other adverse potentials of the expected hearing. Settlement negotiations finally languished and on July 3, 1980, the board scheduled the hearing for July 21, 1980. Joseph was duly notified.

On July 11, 1980, school authorities were informed that Lisa's father was hospitalized with a diagnosis of terminal cancer. His life expectancy was measured in weeks. The board did not wish to subject Lisa and her family to the additional trauma associated with the hearing and postponed the hearing. Joseph urged that the hearing proceed. The board did not act. Mr. Tregre died on March 16, 1981. On April 22, 1981, after determining that Lisa was psychologically fit to testify, the board rescheduled the hearing for May 20, 1981. Joseph was notified. At the request of Joseph's counsel the hearing was delayed one day. On May 21, 1981, 26 months after the alleged incident and 10 months after the hearing canceled because of Mr. Tregre's terminal illness, the tenure hearing was conducted.

At the hearing Joseph was represented by counsel, was confronted by the adverse witnesses, had an opportunity to cross-examine those witnesses, and was permitted to offer evidence and to personally testify. At the conclusion of the hearing the board found Joseph guilty of willful neglect of duty, incompetency and dishonesty with reference to the incident with Lisa Tregre. The board voted unanimously to terminate Joseph retroactive to the date of his suspension.

Discussion

Because a tenured public school teacher has a property interest in continued employment grounded in state law, see La.R.S. 17:443(A), the fourteenth amendment forbids removal without due process of law. See Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975). Joseph does not attack the substantive results of his tenure hearing. Nor does he attack the procedural integrity of the hearing for it is undisputed that the School Board provided him with due notice of the charges against him and with an adequate opportunity to be heard. Rather, Joseph...

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9 cases
  • Granger v. Klein, 00-CV-70386-DT.
    • United States
    • U.S. District Court — Eastern District of Michigan
    • March 28, 2002
    ...under certain circumstances. Picozzi v. Sandalow, 623 F.Supp. 1571, 1578-79 (E.D.Mich.1986) (citing Joseph v. St. Charles Parish School Board, 736 F.2d 1036, 1038 n. 2 (5th Cir.1984) (construing Goss to permit suspension of a tenured teacher without a pre-suspension hearing where "immediate......
  • Picozzi v. Sandalow
    • United States
    • U.S. District Court — Western District of Michigan
    • January 2, 1986
    ...calm. This is precisely the situation in which Goss permits suspension without a prior hearing. Cf. Joseph v. St. Charles Parish School Board, 736 F.2d 1036, 1038 n. 2 (5th Cir.1984) (Construing Goss to permit suspension of a tenured teacher without a pre-suspension hearing where "immediate......
  • Carr v. Alta Verde Industries, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 14, 1991
    ...our review of the entire record impels the definite and firm conviction that a mistake has been committed. Joseph v. St. Charles Parish School Bd., 736 F.2d 1036, 1038 (5th Cir.1984). We review the district court's conclusions of law de II. ANALYSIS A. Permit Requirement The district court ......
  • Sullivan v. Rowan Companies, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • January 31, 1992
    ...a mistake has been committed." Carr v. Alta Verde Indus., Inc., 931 F.2d 1055, 1058 (5th Cir.1991) (citing Joseph v. St. Charles Parish School Bd., 736 F.2d 1036, 1038 (5th Cir.1984)). In its findings of fact, the district court noted that two licensed metallurgical engineers testified at t......
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