Greene v. Cty. Sch. Bd. of Henrico Cty., Va., Civ. A. No. 81-0614-R.
| Court | United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia) |
| Writing for the Court | Randall G. Johnson, Richmond, Va., for plaintiff |
| Citation | 524 F. Supp. 43 |
| Parties | Delores R. GREENE v. The COUNTY SCHOOL BOARD OF HENRICO COUNTY, VIRGINIA. |
| Decision Date | 28 August 1981 |
| Docket Number | Civ. A. No. 81-0614-R. |
524 F. Supp. 43
Delores R. GREENE
v.
The COUNTY SCHOOL BOARD OF HENRICO COUNTY, VIRGINIA.
Civ. A. No. 81-0614-R.
United States District Court, E. D. Virginia, Richmond Division.
August 28, 1981.
Randall G. Johnson, Richmond, Va., for plaintiff.
William G. Broaddus, County Atty., Richmond, Va., for defendant.
MEMORANDUM AND ORDER
WARRINER, District Judge.
This case is before the Court on a Motion to remand. On 10 June 1981, the County School Board of Henrico County filed an action in the Circuit Court of the County of Henrico, Virginia, against Delores R. Greene. The County alleged that Greene had breached a contract requiring her to teach in the County's school system for three years following a sabbatical leave which ended in 1977. On 2 July 1981, Greene filed a petition for removal, asserting that upon the termination of her sabbatical she was denied equal employment opportunities in violation of Title VII, Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and that Title VII vests jurisdiction exclusively in federal courts. Greene thus seeks to remove to federal court pursuant to 28 U.S.C. § 1443.
Section 1443 provides for removal of civil rights cases if the defendant "is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States." On 24 July 1981, the County filed a Motion to remand, asserting that petitioner does not meet the requirements of § 1443 because she can enforce her Title VII rights in State court.
A removal petition under § 1443 must satisfy a two-pronged test: (1) the right denied the removal petitioner must arise under a federal civil rights law securing racial equality; and (2) the removal petitioner must be denied or must be unable to enforce the right in the State court. Johnson v. Mississippi, 421 U.S. 213, 219, 95 S.Ct. 1591, 1595, 44 L.Ed.2d 121 (1975). The respondent concedes that rights secured by Title VII satisfy the first prong of the test. The respondent denies, however, that the petitioner cannot enforce her Title VII rights in State court. The question in this Motion is thus clear: May a Title VII claim be asserted in a State court?
Dickinson v. Chrysler Corp., 456 F.Supp. 43 (E.D.Mich.1978), though procedurally different, is directly on point. The Court in Dickinson held that Title VII actions are within the exclusive jurisdiction of the federal courts. The Dickinson Court noted the repeated references to "federal" courts rather than to "State" courts both in the congressional debates on Title VII and in the Supreme Court case of Alexander v. Gardner-Denver, 415 U.S. 36, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974)...
To continue reading
Request your trial
-
Donnelly v. Yellow Freight System, Inc., s. 88-1733
...v. Board of Governors of Rutgers, 413 F.Supp. 1274 (D.N.J.1976) (Title VII jurisdiction is concurrent); Greene v. County School Bd., 524 F.Supp. 43 (E.D.Va.1981) (same). We decline the invitation to join in the conclusion of the Valenzuela court. The Valenzuela court found Congress' grant o......
-
Joo v. Capitol Switch, Inc., 14976
...Hartz Mountain Corp., 78 Md.App. 79, 552 A.2d 912 (1989) (exclusive federal jurisdiction), with Greene v. School Board of Henrico County, 524 F.Supp. 43 (E.D.Va.1981), and Bennun v. Board of Governors of Rutgers, 413 F.Supp. 1274 (D.N.J.1976) (concurrent jurisdiction). In 1990, however, the......
-
Brunson v. Wall
...make an election between the administrative and judicial remedies. 13 The plaintiff cites Greene v. County School Bd. of Henrico County, 524 F.Supp. 43 (E.D.Va.1981), and Bennun v. Governors of Rutgers, 413 F.Supp. 1274 (D.N.J.1974), in support of her argument that State courts exercise con......
-
Boyle v. Carnegie-Mellon University, Civ. A. No. 84-2285.
...of Regents, 577 F.Supp. 1553, 1559 (W.D.Wis.1984), rev'd on other grounds, 763 F.2d 851 (7th Cir.1985); Greene v. County School Board, 524 F.Supp. 43, 44-45 (E.D.Va.1981); Bennun v. Board of Governors, 413 F.Supp. 1274, 1280 (D.N.J.1976). We believe this reasoning is equally persuasive in c......
-
Donnelly v. Yellow Freight System, Inc., s. 88-1733
...v. Board of Governors of Rutgers, 413 F.Supp. 1274 (D.N.J.1976) (Title VII jurisdiction is concurrent); Greene v. County School Bd., 524 F.Supp. 43 (E.D.Va.1981) (same). We decline the invitation to join in the conclusion of the Valenzuela court. The Valenzuela court found Congress' grant o......
-
Joo v. Capitol Switch, Inc., 14976
...Hartz Mountain Corp., 78 Md.App. 79, 552 A.2d 912 (1989) (exclusive federal jurisdiction), with Greene v. School Board of Henrico County, 524 F.Supp. 43 (E.D.Va.1981), and Bennun v. Board of Governors of Rutgers, 413 F.Supp. 1274 (D.N.J.1976) (concurrent jurisdiction). In 1990, however, the......
-
Brunson v. Wall
...make an election between the administrative and judicial remedies. 13 The plaintiff cites Greene v. County School Bd. of Henrico County, 524 F.Supp. 43 (E.D.Va.1981), and Bennun v. Governors of Rutgers, 413 F.Supp. 1274 (D.N.J.1974), in support of her argument that State courts exercise con......
-
Boyle v. Carnegie-Mellon University, Civ. A. No. 84-2285.
...of Regents, 577 F.Supp. 1553, 1559 (W.D.Wis.1984), rev'd on other grounds, 763 F.2d 851 (7th Cir.1985); Greene v. County School Board, 524 F.Supp. 43, 44-45 (E.D.Va.1981); Bennun v. Board of Governors, 413 F.Supp. 1274, 1280 (D.N.J.1976). We believe this reasoning is equally persuasive in c......