Booth v. TERMINIX INTERN., INC., Civ. A. No. 88-2401-S.
Decision Date | 26 September 1989 |
Docket Number | Civ. A. No. 88-2401-S. |
Parties | Jetson BOOTH, Plaintiff, v. TERMINIX INTERNATIONAL, INC., d/b/a Terminix International; Terminix International Co. Limited; Mike Schumaker, Ron Price & Frank Smith; and Service Master of Topeka, Inc., Defendants. |
Court | U.S. District Court — District of Kansas |
Frederick J. Patton, II, Patton & Patton, Topeka, Kan., for plaintiff.
James H. Stock, Jr., Weintraub, Robinson, Weintraub & Stock, P.C., Memphis, Tenn., and Daniel B. Bailey, Alderson, Alderson & Montgomery, Topeka, Kan., for defendants.
This matter is before the court on defendants' motion for reconsideration of this court's order of August 21, 1989. In that order, we denied defendants' motion to dismiss. This case is based on plaintiff's claim that he was discharged from his employment because of his race. Defendants had sought dismissal on grounds that the United States Supreme Court's recent decision in Patterson v. McLean Credit Union, ___ U.S. ___, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), makes such claims no longer actionable under 42 U.S.C. § 1981. In our order of August 21, 1989, we found that claims for racially discriminatory discharge remain actionable under section 1981, our earlier decision in Birdwhistle v. Kansas Power & Light, 723 F.Supp. 570, 575 (D.Kan., 1989).
In the present motion for reconsideration, defendants basically argue that the weight of recent lower federal court decisions favor a broad reading of Patterson and hold that discriminatory discharge is no longer actionable under section 1981. Defendants cite numerous cases in support. The court agrees that a number of federal district courts have held that a claim for discharge is no longer cognizable under section 1981 in the aftermath of Patterson. We respectfully disagree with these courts and feel that they give Patterson an overly expansive reading. For the following reasons, we reiterate our belief that Patterson does not affect a plaintiff's ability to bring a claim for discriminatory discharge under section 1981.
First, the Supreme Court never addressed the issue of discriminatory discharge in Patterson. Secondly, as we said in Birdwhistle, termination is part of contract enforcement and thus is actionable under section 1981. Finally, we are not alone in our interpretation of Patterson. Judge Arraj of the District of Colorado agrees that discriminatory discharge claims are actionable under section 1981. Padilla v. United Air Lines, 716 F.Supp. 485, 490 (D.Colo.1989) () ; see also Vance v. Southern Bell Tel., 863 F.2d 1503 (11th Cir.1989) (...
To continue reading
Request your trial-
Hicks v. Brown Group, Inc.
...575 (D.Kan.1989) (discharge directly related to contact enforcement and is still actionable after Patterson ); Booth v. Terminix Int'l, Inc., 722 F.Supp. 675 (D.Kan.1989); Gamboa v. Washington, 716 F.Supp. 353 (N.D.Ill.1989) (constructive discharge). 25 By noting that our holding does not u......
-
Coleman v. Domino's Pizza, Inc., Civ. A. No. 89-0073-BH.
...(contract termination). As to the minority of cases which have held otherwise, this Court cannot agree. See Booth v. Terminix Intern. Co., 722 F.Supp. 675 (D.Kan.1989); Birdwhistle v. Kan. Power and Light Co., 723 F.Supp. 570 (D.Kan.1989); Padilla v. United Air Lines, 716 F.Supp. 485 (D.Col......
-
Jackson v. GTE Directories Service Corp.
...(discharge claim remains actionable under § 1981 because discharge is directly related to contract enforcement); Booth v. Terminex Int'l, Inc., 722 F.Supp. 675, 676 (D.Kan.1989) 12 To the extent other courts have suggested a different result, see Gamboa v. Washington, 716 F.Supp. 353, 359 (......
-
Kozam v. Emerson Elec. Co., Civ. A. No. EC 87-313-D-D.
...(10th Cir.1989). Three other district courts within the Tenth Circuit have independently reached similar results. Booth v. Terminix Intern. Inc., 722 F.Supp. 675 (D.Kan. 1989); Jordan v. U.S. West Direct Co., 716 F.Supp. 1366 (D.Colo.1989); Yates v. Western Electric Co. Inc., 1989 WL 152222......