Burris v. Willis Independent School Dist., Inc.

• Decision Date: 06 September 1983
• Docket Number: No. 82-2204,82-2204
• Citation: 713 F.2d 1087
• Parties: 13 Ed. Law Rep. 13 Troy BURRIS, Plaintiff-Appellant, v. WILLIS INDEPENDENT SCHOOL DISTRICT, INC., Defendants-Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 1087

713 F.2d 1087

13 Ed. Law Rep. 13

Troy BURRIS, Plaintiff-Appellant, v. WILLIS INDEPENDENT SCHOOL DISTRICT, INC., Defendants-Appellees.

No. 82-2204.

United States Court of Appeals Fifth Circuit.

Sept. 6, 1983.

Larry Watts, Houston, Tex., Laura E. Oren, Houston, Tex., for plaintiff-appellant.

Kelly Frels, Houston, Tex., Janet Little Horton, Timothy T. Cooper, Houston, Tex., for defendants-appellees.

Appeal from the United States District Court for the Southern District of Texas.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.

THORNBERRY, Circuit Judge:

I. Introduction:

Troy Burris appeals the grant of a directed verdict on his section 1983 claim against the Willis Independent School District (WISD). The trial court held that the failure to renew Burris' employment contract violated neither his procedural due process rights, nor his first amendment right of free association. We affirm in part, and reverse in part. 537 F.Supp. 801.

II. Facts and Disposition Below:

Burris was employed by the WISD as vocational director from August 1978 until July 1980. Like all other professional personnel at the WISD, Burris was employed under one-year term contracts. His initial contract was renewed. However, when his contract came up for renewal in February 1980, the six-member School Board divided equally, and the matter was postponed until the next Board meeting. The political atmosphere at Willis at that time was highly partisan, with two groups vying for control of the School Board. Although seven trustees usually serve on the Board, Burris alleged in his complaint that political scheming by three members of the "new line" faction resulted in the resignation of one member of the "old line" faction, thereby resulting in a deadlocked Board. Three of the defendants in this action, Alston, Ozment, and Reeves, comprised the "new line" faction that voted against renewing Burris' contract at the February 1980 meeting. By April 1980, when the subject of renewal next arose, three more defendants, Atkinson, Lee, and McKeehan, had been elected to the Board, thus replacing all but one member of the "old line" Board, Straughter. At the April meeting, all the trustees, except for Straughter, who abstained, voted against renewing Burris' contract, despite favorable recommendations on two earlier annual ratings by Superintendent Todd, Burris' supervisor. Todd had also recommended that Burris continue to be employed at the school. After declining to renew his contract, the Board refused to grant Burris a grievance hearing.

In his complaint, Burris alleged deprivations of his property and liberty interests without due process, in violation of the fourteenth amendment. Burris also alleged that he was the victim of a local political struggle, and that the new Board refused to renew his employment contract in retaliation for his associations with the old Board members. His complaint further alleged that he was terminated so that the new Board might hire Ruth Castleschouldt, an unsuccessful candidate for his position under the old Board, and a prominent supporter of the "new line" faction. Burris named as defendants the school district itself, as well as the "new line" Board members in their individual and official capacities. Following a thirteen-day trial, the district court granted the defendants' motion for a directed verdict under Fed.R.Civ.Pro. 50(a) on all issues, concluding that "reasonable men [and women] could not arrive at a contrary verdict."

III. Discussion:

Our standard of review on appeals from a grant of directed verdict is that set out in Boeing v. Shipman, 411 F.2d 365 (5th Cir.1969) (en banc):

On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence--not just that evidence which supports the non-mover's case--but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury. A mere scintilla of evidence is insufficient to present a question for the jury. The motions for directed verdict and judgment n.o.v. should not be decided by which side has the better of the case, nor should they be granted only when there is a complete absence of probative facts to support a jury verdict. There must be a conflict in substantial evidence to create a jury question. However, it is the function of the jury as the traditional finder of the facts, and not the Court, to weigh conflicting evidence and inferences, and determine the credibility of witnesses.

Id. at 374-75 (footnote omitted).

A. Property Claim:

It is well settled that before it may pass on a procedural due process claim, a federal court must first determine whether the interest alleged to have been infringed amounts to "life, liberty, or property" under the fourteenth amendment. We begin, therefore, by determining whether Burris had a property interest in his continued employment in the WISD. The Supreme Court has emphasized that "[t]he hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except 'for cause.' " Logan v. Zimmerman Brush Co., 455 U.S. 422, 102 S.Ct. 1148, 1155, 71 L.Ed.2d 265 (1982). See also Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 735-36, 42 L.Ed.2d 725 (1975); Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 2708-09, 33 L.Ed.2d 548 (1972).

The undisputed facts show that Burris was employed pursuant to section 23.28 of the Texas Education Code. Under section 23.28, the maximum terms of employment of school officers and teachers are governed by the school district population. For districts such as the WISD, the statute provides that the term of a contract may not exceed three years. Texas Educ.Code Ann. § 23.28(b) (Vernon 1972). Burris was employed under a twelve-month contract. Under his contract employment, Burris' interest in his continued employment expired on June 30, 1980. ¹

The Supreme Court has recognized that the policies of school boards may give rise to an implied contractual right to reemployment. Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 2700, 33 L.Ed.2d 570 (1972). However, an examination of applicable Texas law leads us to conclude that no such property right may be implied here. The controlling Texas case on implied property rights in the renewal of employment is Hix v. Tuloso-Midway Independent School District, 489 S.W.2d 706 (Tex.Civ.App.--Corpus Christi, writ ref'd n.r.e.). Addressing a claim by a teacher against a school that had refused to renew his contract in violation of a de facto tenure policy, the court stated:

The attorney for the School District, in a letter, dated May 2, 1968, addressed to the State Commissioner of Education, stated: "The policy then and now is to reward satisfactory work by extending their (teachers') contracts, but this has been done by action of the Board each March". Plaintiff says that this statement is proof of a de facto tenure policy that clearly implies promise of continued employment. We do not agree. The published school board Policies in effect at all times pertinent to this appeal never expressed anything indicating that it would renew any teacher contract when it expired; furthermore, such policies expressly limited the term of teachers' contracts to two years. The mere fact that a teacher has been rehired each year for a period of years does not constitute any evidence that the School District had impliedly contracted with the teacher to renew the contract every year. Successive renewals of a teacher's contract with admissions by school representatives that such renewals were the reward for satisfactory work does not constitute evidence of de facto tenure policy of the school district, or of any implied agreement on the part of the school district that a teacher has a contractual right of renewal so long as the work performed is satisfactory.

* * *

The tenure policy of the School District that plaintiff says was in effect, be it express, de facto or implied, would be contra to Article 2781, and void, as it would have generated an automatic teacher contract renewal procedure, the effect of which would have resulted in a term that was not limited by three years but by the failure of the teacher to render satisfactory service. Fromen v. Goose Creek Independent School District, 148 S.W.2d 460 (Tex.Civ.App.--Galveston 1941, writ dism'd judg. corr.). We hold that the Tuloso-Midway Independent School District and its Board of Trustees did not, in March, 1968, have in force and effect, an express, de facto or implied teacher contract renewal policy, and that it is not estopped to deny the same.

Id. at 710. ²

It is clear that, under Texas law, a school district which did not adopt the continuing contract law, see note 1, supra, may not adopt its own tenure plan for teachers employed under section 23.28. See Guerra v. Roma Independent School District, 444 F.Supp. 812, 818 (S.D.Tex.1977). We hold that Burris did not have a property right in the renewal of his contract. Lacking such a right, Burris was not entitled to a due process hearing. See Siler v. Brady Independent School District, 553 F.2d 385, 388-89 (5th Cir.1977).

B. Liberty Claim:

Burris makes two non-frivolous claims that he has been deprived of "liberty" in violation of the fourteenth amendment. He first claims that the public presentation of an allegedly defamatory letter at an open Board meeting injured his standing in the community. Second, he alleges...