Conway v. Alfred I. DuPont School District

• Decision Date: 27 October 1971
• Docket Number: Civ. A. No. 4017.
• Citation: 333 F. Supp. 1217
• Parties: June R. CONWAY, Plaintiff, v. ALFRED I. DuPONT SCHOOL DISTRICT et al., Defendants.
• Court: U.S. District Court — District of Delaware

333 F. Supp. 1217

June R. CONWAY, Plaintiff, v.ALFRED I. DuPONT SCHOOL DISTRICT et al., Defendants.

Civ. A. No. 4017.

United States District Court, D. Delaware.

October 27, 1971.

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, Del., for plaintiff.

William Poole, of Potter, Anderson & Corroon, Wilmington, Del., for defendants.

OPINION

STEEL, District Judge:

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 inTichon v. Harder, 438 F.2d 1396(2nd Cir.1971)andNational 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:

"The defendant school district asserts that it is not a `person' within the meaning of Section 1983 and that, accordingly, this Section does not create a cause of action against it for either damages or injunctive relief.I agree.

It has been consistently held upon the authority of Monroe v. Pape, 365 U. S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492(1961) that Section 1983 does not create a cause of action for damages against a school district.Harvey v. Sadler, 331 F.2d 387(9th Cir.1964);Henson v. City of St. Francis, 322 F. Supp. 1034(E.D.Wis.1971);Martin v. Davison, 322 F.Supp. 318(W.D.Pa.1971).While there is some disagreement on the point elsewhere, it is also established in this court that Section 1983 does not create a cause of action against a public body for injunctive relief.Shellburne, Inc. v. New Castle County, 293 F.Supp. 237, 240-241(D. Del.1968)."

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:

"Defendants also assert that the rationale of Monroe v. Pape bars plaintiff's claim for damages against the individual defendants in their official capacities.The reason for joining these defendants in this capacity is not apparent to me.However, if by proceeding in this manner plaintiff seeks to recover a money judgment for which the school district would be responsible, I conclude that Monroe v. Pape bars the relief he seeks.Bennett v. Gravelle, 323 F.Supp. 203(D. Md.1971);Westberry v. Fisher, 309 F.Supp. 12(D.Me.1970)."

Judge Stapleton stated that this same principle was applicable to defeat plaintiff's claim for back pay:

"While there is authority to the contrary, I believe this conclusion applies to plaintiff's claim for back pay.Westberry v. Fisher, supra,309 F. Supp. p. 20.Monroe v. Pape stands for the proposition that Congress did not intend to subject the treasuries of political subdivisions to the burden of damage claims arising from violations of constitutional rights.A judgment directing `back pay' for services not in fact rendered seems to me no less burdensome that sic a judgment for any other type of damages."

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:

"The individual defendants further assert that plaintiff's claim against them in their individual capacities for damages must be dismissed.The proposition of law relied upon is that public officials who exercise discretion in the performance of their duties have a qualified privilege which protects them against liability arising from acts done by them in good faith in the performance of their official duties.Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288(1967);Shellburne, Inc. v. New Castle County, supra;Shellburne, Inc. v. Roberts, Del., 224 A.2d 250(Sup.Ct.1966);3 Davis, Administrative Law Treaties, § 26.06(1958); Jaffe, Suits Against Governments and Officers: Damage Actions, 77 Harv.L.Rev. 209, 221-222(1963);Note, Doctrine of Official Immunity Under the Civil Rights Act, 68 Harv.L.Rev. 1229, 1238-1240(1955).I concur in this statement of the law."

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 plaintiff in writing that he was not going to recommend the renewal of her contract because:

"I continue to feel that the relationship that exists between you and our

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