Campbell v. Masur

Decision Date17 December 1973
Docket NumberNo. 72-1837.,72-1837.
Citation486 F.2d 554
PartiesTimothy CAMPBELL, Plaintiff-Appellant, v. E. B. MASUR et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

John G. Abbott, Houston, Tex., Michael H. Gottesman, Washington, D. C., Larry Watts, Houston, Tex., for plaintiff-appellant.

James P. Ryan, Corpus Christi, Tex., for defendants-appellees.

Before JONES, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

The appellant, Timothy Campbell, brought an action in the District Court for the Southern District of Texas against "E. B. Masur, in his official capacity as former Superintendent of Mathis Independent School District; Antonio Rivera and V. M. Thyssen, in their official capacities as members of the Board of Trustees of Mathis Independent School District; Larry Stapp, Bennie Curtiss, L. C. Hennig, Joe Beard, and Wilson Rackley, in their official capacities as former members of the Board of Trustees of Mathis Independent School District; and Mathis Independent School District, a political subdivision of the State of Texas, and its officers, administrators, and successors in office."

The nature of Campbell's claim and references to the statutes which he asserted gave Federal jurisdiction over his claim are set forth in the first paragraph of his complaint, which reads as follows:

"This action is brought pursuant to the Civil Rights Act of 1871, United States Code Title 42, Section 1983. This Court has original jurisdiction of the action under the provisions of the United States Code Title 28, Section 1343(3) and 1343(4), and under United States Code Title 28, Section 1331, based upon the violation of rights secured by and arising under the Constitution and laws of the United States of America. Relief is also sought pursuant to the Federal Declaratory Judgment Act, United States Code Title 28, Sections 2201 and 2202. The amount in controversy exceeds the sum or value of $10,000.00, exclusive of interest and costs."

Campbell had been a teacher in a high school of the Mathis Independent School District. He was discharged by the board of trustees of the school district. He was subsequently given a hearing before the board at which Campbell and his counsel were present. At the conclusion of this hearing the board reaffirmed its prior decision. This action for damages and for declaratory relief followed with Campbell asserting that his discharge violated his First, Fifth, and Fourteenth Amendment constitutional rights. The district court held that Campbell should recover the amount of his salary to the date of the board meeting at which he was present. He was denied any other relief.

On appeal Campbell states the issue presented to this Court in this language:

"This is an action brought by a public high school teacher under 42 U.S.C. § 1983, alleging that he was dismissed during the term of his contract in violation of the First
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11 cases
  • Harkless v. SWEENY IND. SCH. DIST. OF SWEENY, TEXAS, Civ. A. No. 66-G-34.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • January 16, 1975
    ...the Fifth Circuit has reaffirmed the principle that a Texas school district is "in the nature of" a municipality. Campbell v. Masur, 486 F.2d 554, 555 (5th Cir. 1973). Now, therefore, it is hereby ordered that plaintiffs' complaint against the defendant District must be and same hereby is d......
  • Ingraham v. Wright, 73-2078.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 29, 1974
    ...the Supreme Court held that two municipalities in Wisconsin were not "persons" within the meaning of 42 U.S.C. § 1983. In Campbell v. Masur, 5 Cir. 1973, 486 F.2d 554, where a plaintiff sued a school superintendent and a school board in their official capacities only, the court sent the cas......
  • Bertot v. School Dist. No. 1, Albany County, Wyoming, No. 74-1030
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • July 16, 1975
    ...411 U.S. 693, 93 S.Ct. 1785, 36 L.Ed.2d 596; City of Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109; Campbell v. Masur, 486 F.2d 554 (5th Cir.). ...
  • Greco v. Orange Memorial Hospital Corporation, B-73-CA-159.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • March 29, 1974
    ...Thus, it appears that the Harkless distinction between legal and equitable relief under § 1983 is no longer viable. See Campbell v. Masur, 486 F.2d 554 (5th Cir. 1973). 2 These doctors were James P. Cloud, D. H. Pollock, George L. Eastman, Jr., Charles Crim, Howard C. Williams, Wilbur R. Cl......
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