Conway v. Alfred I. DuPont School District
Citation | 333 F. Supp. 1217 |
Decision Date | 27 October 1971 |
Docket Number | Civ. A. No. 4017. |
Parties | June R. CONWAY, Plaintiff, v. ALFRED I. DuPONT SCHOOL DISTRICT et al., Defendants. |
Court | U.S. District Court — District of Delaware |
Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, Del., for plaintiff.
William Poole, of Potter, Anderson & Corroon, Wilmington, Del., for defendants.
Plaintiff is a nurse formerly employed by the defendant Alfred I. DuPont School District. The defendants are the school district, the superintendent and members of the Board of Education of the district, the individuals having been sued in both their official and individual capacities. The complaint alleges that defendants have violated her substantive and procedural due process and equal protection of the laws rights under the Fourteenth Amendment of the Constitution, and hence she is entitled to relief under the Civil Rights Act, 42 U.S.C. § 1983. These violations are alleged to have occurred when after two successive one-year terms of employment, and prior to the expiration of the second term, defendants acting under color of statutes, regulations, customs or usages of the State of Delaware notified plaintiff that she would not be reemployed for the ensuing third year. At the time, plaintiff was a probationary employee without tenure by virtue of contract, statute, or otherwise. Plaintiff asks for an order compelling reinstatement of her former position and for compensatory and punitive damages.
The case comes before the Court upon the motion of defendants for summary judgment alleging that no genuine issue of material fact exists and that defendants are entitled to judgment as a matter of law. Pertinent to the resolution of the motion is the unverified complaint and answer, depositions and stipulations of record.
Jurisdiction is alleged to exist under 28 U.S.C. §§ 1343(3) and (4). Since, as later appears, the case will have to be tried, no disposition will be made of the jurisdictional question until all the facts have been developed. As to jurisdiction, see discussion in Tichon v. Harder, 438 F.2d 1396 (2nd Cir. 1971) and National Land and Investment Company v. Specter, 428 F.2d 91, 98-100 (3d Cir. 1970).
Preliminarily, it should be noted that the action against the defendant school district must be dismissed both in its damage and injunctive aspects. In Mathias v. New Castle County Vocational Technical School District, C.A. No. 4073, (D.Del. filed Sept. 22, 1971) Judge Stapleton said:
Insofar as the individual defendants are sued in their official capacity, the complaint fails to state a claim against them for damages. In Mathias v. New Castle County, supra, Judge Stapleton said:
Judge Stapleton stated that this same principle was applicable to defeat plaintiff's claim for back pay:
Pertinent also to plaintiff's claim for monetary relief against the individual defendants in their official capacity is the fact that the complaint contains no allegation that their failure to renew the plaintiff's contract was motivated by bad faith. Judge Stapleton considered this a significant factor, saying:
From what has been said it is apparent that the action against the individuals in their official capacity must be dismissed insofar as it seeks dollar relief.
Since the complaint fails to allege any act of wrongdoing on the part of the individual defendants in their non-official capacity, the action against them in this respect must also be dismissed.
Plaintiff's only remaining cause of action is that which lies against the individual defendants in their official capacity and only then within the operative limits of injunctive relief.
The complaint charges that the refusal of defendants to reappoint plaintiff to her former position of school nurse for the school year 1970-1971 was without reason or justification of any sort and was arbitrary, capricious, unreasonable and discriminatory. For that reason, it is alleged to be in violation of plaintiff's rights of substantive due process under the Fourteenth Amendment. It is true that the formal notice of April 27, 1970 from Dr. Farrar to plaintiff notifying her that her contract would not be renewed assigned no reasons for defendants' action (Dx 5). On the same date, however, plaintiff was given a "Teachers Evaluation Summary" which stated that plaintiff was "not well suited to elementary school nursing" and that the major area needing improvement was "relationships with staff, students and parents". The summary also stated that she was "not recommended for re-employment". (Dx 4). Earlier, on March 17, 1970, Mr. Gray had notified plain...
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