Curry v. Gillette
| Decision Date | 14 June 1972 |
| Docket Number | No. 71-1886.,71-1886. |
| Citation | 461 F.2d 1003 |
| Parties | Horace V. CURRY, Plaintiff-Appellee, v. Fred GILLETTE et al., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
W. Scott Trundle, Kingsport, Tenn., Ernest F. Smith and Hunter, Smith, Davis, Norris, Waddey & Treadway, Kingsport, Tenn., on brief; W. E. Weber, Jr., Kingsport, Tenn., of counsel, for defendants-appellants.
John S. McLellan, Kingsport, Tenn., Lynn M. Lauderback, Kingsport, Tenn., on brief, for plaintiff-appellee.
Eugene N. Collins and Randall L. Nelson, Chattanooga, Tenn., amici curiae.
Before PECK and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.
This civil rights action was instituted under the provisions of 28 U.S.C. § 1343 and 42 U.S.C. §§ 1981, 1983 and 1985. Plaintiff sought and recovered damages in the District Court, but was denied injunctive relief. Defendants-appellants perfected this appeal from such allowance of damages. The parties will herein be referred to as they were in the trial court.
Plaintiff, a Negro, operated a funeral home and ambulance service in Kingsport, Tennessee, and the defendants are the City Manager and the Board of Mayor and Alderman of that municipality. Plaintiff alleged that he was a victim of discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment in that special favors and monetary aid had been afforded a white operator of an ambulance service.
The City of Kingsport determined that for 1969 and future years it would need a minimum of six ambulances to service its 35,000 residents. Plaintiff operated two such ambulances, and in February 1969 the white operator above referred to, doing business as the Metro Ambulance Service, was certified to operate four ambulances. However, when Metro experienced problems the City agreed to allow it to use the fire hall rent free, provided advertising for Metro's service in the Kingsport newspapers, and subsequently agreed to grant a $400 per month subsidy to keep Metro in business. An application by plaintiff for a similar subsidy was denied. This suit followed, and the District Court found that defendants discriminated against plaintiff (1) by authorizing the white operator to use a city owned fire hall for his operation without cost to him, (2) by encouraging members of the public to use the white operator's ambulance service without affording similar assistance to plaintiff, and (3) by making subsidy payments to the white operator but not to plaintiff. It is initially observed, however, that the judgment is without record support as it pertains to the defendant Elery Lay, and on the remand hereinafter ordered ...
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