Briggs v. Newberry County School Dist., 92-1758

• Decision Date: 01 February 1993
• Docket Number: No. 92-1758,92-1758
• Citation: 989 F.2d 491
• Parties: NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. Frances W. BRIGGS, Plaintiff-Appellant, v. NEWBERRY COUNTY SCHOOL DISTRICT; Vance O. Johnson, in his individual capacity; Mitchell Strickland, in his individual capacity; Donna Elmore, in her individual capacity, Defendants-Appellees. . Argued:
• Court: U.S. Court of Appeals — Fourth Circuit

Page 491

989 F.2d 491

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Frances W. BRIGGS, Plaintiff-Appellant, v. NEWBERRY COUNTY SCHOOL DISTRICT; Vance O. Johnson, in his individual capacity; Mitchell Strickland, in his individual capacity; Donna Elmore, in her individual capacity Defendants-Appellees.

No. 92-1758.

United States Court of Appeals Fourth Circuit.

Argued: February 1, 1993

Decided: March 11, 1993

Appeal from the United States District Court for the District of South Carolina, at Greenwood. G. Ross Anderson, Jr., District Judge. (CA-92-179-8-3)

Craig Lewis Berman, CROMER & MABRY, Columbia, South Carolina, for Appellant.

Kenneth Lendren Childs, CHILDS & DUFF, P.A., Columbia, South Carolina, for Appellees.

James Lewis Mann Cromer, CROMER & MABRY, Columbia, South Carolina, for Appellant.

M. Jane Turner, Allen D. Smith, CHILDS & DUFF, P.A., Columbia, South Carolina, for Appellees.

D.S.C.

AFFIRMED.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINS and LUTTIG, Circuit Judges.

PER CURIAM:

OPINION

Frances W. Briggs brought this action under 42 U.S.C.A. § 1983 (West 1981), claiming that Appellees-her former employer, the School District of Newberry County, South Carolina, and three individual school district officials-violated her civil rights. The district court dismissed the action, concluding that the administrative proceedings Briggs pursued under the South Carolina Teacher Employment and Dismissal Act, S.C. Code Ann. § 59-25-410 et seq. (Law. Co-op. 1990), resulted in a prior adjudication on the merits in proceedings between identical parties, or those in privity with them, on identical subject matter. Accordingly, the district court held the action was barred by res judicata. We affirm.

I.

In April 1990, District Superintendent Vance O. Johnson notified Briggs that he was recommending that her teaching contract not be renewed for the upcoming school year. See S.C. Code Ann. § 59-25410. Briggs sought and received a hearing before the Newberry County School Board. See S.C. Code Ann.s 59-25-470. During this two-day hearing, Briggs was represented by counsel, presented evidence, and cross-examined witnesses. See id. She maintained that no good cause existed for her dismissal; however, she did not present any constitutional claims in support of her position. The school board voted not to renew Briggs' contract.

Briggs appealed this administrative decision to the South Carolina Court of Common Pleas, S.C. Code Ann. § 59-25-480, maintaining that the evidence presented in the administrative hearing was insufficient to justify her dismissal, that the school district had failed to give her adequate time or opportunity to improve as required by S.C. Code Ann. § 59-25-440, and that the school board did not properly deliberate on the matter. The court determined that there was substantial evidence to support the decision of the school board and, therefore, affirmed its decision. Briggs sought reconsideration, raising constitutional claims for the first...