Davis v. Board of Trustees of Arkansas A & M College, PB 66 C-76.

• Decision Date: 01 September 1967
• Docket Number: No. PB 66 C-76.,PB 66 C-76.
• Citation: 270 F. Supp. 528
• Parties: H. Brent DAVIS, Plaintiff, v. BOARD OF TRUSTEES OF ARKANSAS A & M COLLEGE, a body corporate, and Dr. Homer Babin, President of Arkansas A & M College, Defendants.
• Court: U.S. District Court — Eastern District of Arkansas

270 F. Supp. 528

H. Brent DAVIS, Plaintiff, v. BOARD OF TRUSTEES OF ARKANSAS A & M COLLEGE, a body corporate, and Dr. Homer Babin, President of Arkansas A & M College, Defendants.

No. PB 66 C-76.

United States District Court E. D. Arkansas, Pine Bluff Division.

September 1, 1967.

John W. Walker, Little Rock, James J. Graham, Brooklyn, for plaintiff.

Joe Purcell, Atty. Gen., R. D. Smith, III, Asst. Atty. Gen., State of Arkansas, for defendant.

OPINION AND ORDER OVERRULING MOTION TO DISMISS

OREN HARRIS, Chief Judge.

This is an action by the plaintiff, H. Brent Davis, against the Board of Trustees of Arkansas A & M College and its President, Dr. Homer Babin, under provisions of the Civil Rights Act, 28 U.S. C.A. § 1343 (3) and 42 U.S.C.A. § 1983. The jurisdiction of the court is further invoked pursuant to provisions of 28 U.S.C.A. § 1332(a) (1) as between citizens of different states and the amount in controversy exceeds the sum or value of $10,000, exclusive of interest and costs.

The jurisdiction of the court is further based on the provisions of 28 U.S.C.A. § 1331(a) as the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arising under the Constitution, laws, or treaties of the United States. The plaintiff seeks redress, the deprivation under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution and laws of the United States. Both damages and injunctive reliefs are sought as a result of alleged termination of the plaintiff from employment by the Board of Trustees of the Arkansas A & M College.

A motion to dismiss the action was filed by the defendants pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. In their motion to dismiss the defendants claim (1) state immunity, (2) the failure to state a claim upon which relief can be granted, and (3) that the complaint is based on a breach of contract in seeking damages in tort. It is, therefore, urged that the complaint be dismissed (a) because the court has no jurisdiction over the subject matter or (b) for failure to state a claim upon which relief can be granted.

It is undisputed that Arkansas A & M College is a body corporate chartered under the Laws of the State of Arkansas, maintained and operated under the supervision of a Board of Trustees and that Dr. Homer Babin is and was President of the College at the time of the alleged termination of the plaintiff as a member of the faculty. There is no question about the plaintiff, H. Brent Davis, having been employed as a member of the faculty of the College under a written contract commencing August 3, 1965, and continuing until May 31, 1966, at a salary of $6,000. It appears as a matter of fact that such employment was terminated October 31, 1965, in a letter dated October 29, 1965, from President Babin to plaintiff Davis in accordance with a policy decision made by the Board of Trustees of the College at its scheduled meeting October 28, 1965.

The Court has the benefit of well prepared briefs by both parties and is impressed with the contention of each of the parties to this action. The Court is not persuaded from the record of the case that it is lacking in jurisdiction or that the complaint fails to state a claim upon which relief can be granted.

The Arkansas Agricultural and Mechanical College was created by the General Assembly of Arkansas, April 1, 1909, and is one of four schools divided into districts for the teaching of agriculture, horticulture, and the art of textile manufacturing. Ark.Stats.Anno. 80-3101-2.

The College was designated as the "Agricultural and Mechanical College" of the Fourth District of Arkansas by the General Assembly in 1925, governed by a Board of Trustees appointed by the Governor with specific powers and terms of office to provide a course of study in various fields of education. Ark.Stats. Anno. 80-3103-4.

The official name of the College became known and designated as "Agricultural and Mechanical College" by act of the legislature in 1939. Ark.Stats.Anno. 80-3106.

The Acts of the General Assembly of the State of Arkansas creating the College provided for a Board of Trustees with powers, authority and duty in the management, expansion, improvement and operation of the College which became a lawful corporate body. The Board of Trustees was authorized to make rules and regulations for the maintenance, development and operation of the college, including the employment of faculty and other employees. In providing a course of study the Board of Trustees was authorized to make provisions for students and their welfare and to perform any and all duties for the operation of the institution as a senior college. Ark.Stats. Anno. 80-3107, et seq., 80-3131.

The Court is of the opinion that it is a body "politic" with a board vested in corporate powers and as such may sue and be sued as a legal entity.

28 U.S.C.A. § 1343(3) provides the district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person to redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the...