Howell v. Winn Parish School Board, Civ. A. No. 74-444.

• Decision Date: 02 July 1974
• Docket Number: Civ. A. No. 74-444.
• Citation: 377 F. Supp. 816
• Parties: Robert HOWELL v. WINN PARISH SCHOOL BOARD et al. President.
• Court: U.S. District Court — Western District of Louisiana

377 F. Supp. 816

Robert HOWELL v. WINN PARISH SCHOOL BOARD et al. President.

Civ. A. No. 74-444.

United States District Court, W. D. Louisiana, Alexandria Division.

July 2, 1974.

Bobby L. Culpepper, Holloway, Baker, Culpepper & Brunson, Jonesboro, La., for plaintiff.

Charles B. Bice, Dist. Atty., Kermit M. Simmons, Asst. Dist. Atty., Winnfield, La., for defendants.

NAUMAN S. SCOTT, District Judge:

RULING

Plaintiff, Robert Howell, brings this civil action seeking declaratory relief, injunctive relief, and other appropriate equitable relief, in connection with his dismissal as a tenured principal of the Atlanta High School, Winn Parish, Louisiana.

In his complaint, he alleges that defendants, Winn Parish School Board, E. H. Farr, Superintendent, and Tommy Harrel, Sr., President, under color of Louisiana law, subjected him to the deprivation of his rights, privileges and immunities secured by the Constitution and laws of the United States, and that his dismissal was in violation of the Equal Protection and Due Process clauses of the Constitution of the United States.

Defendants have moved to dismiss the complaint for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted, in that:

(1) The School Board is not a "person" as contemplated by the provisions of 42 U.S.C. § 1983;

(2) Articles in the complaint charging that plaintiff's dismissal was based upon his personal conduct and his personal life rather than his professional conduct are conclusionary allegations, unsupported by specific facts showing an intentional and purposeful deprivation of constitutional rights, and are insufficient to constitute a cause of action under the Civil Rights Act; and

(3) The complaint and record of the School Board hearing failed to reflect the denial of equal protection or due process.

I.

It bears little repeating that a School Board is not a person within the meaning of 42 U.S.C. § 1983. City of Kenosha, Wisconsin v. Bruno, 93 S.Ct. 2222, 412 U.S. 507, 37 L.Ed.2d 109 (1973), held that municipal corporations were not "persons" subject to a § 1983 action for equitable relief; other courts have uniformly held, since then, that neither are school boards. Buhr v. Buffalo School District No. 39, 364 F.Supp. 1225 (1973), Campbell v. Slay, Civil Action No. 17,942 (W.D.La.1973).

II.

A § 1983 action against Harrel and Farr must be predicated on a deprivation of any civil rights. U.S. v. Cotton Plant School District No. 1, 479 F.2d 671 (8th Cir. 1973), Buhr v. Buffalo School District No. 39, supra. The plaintiff herein fails to even allege that which might be construed to constitute a deprivation of a civil right. Conclusionary allegations such as "Plaintiff believes and on such belief asserts that the sole motive in discharging him was his personal life and activities," without more, do not sufficiently state a cause of action under the Civil Rights Act. Eisman v. Pan American World Airlines, D.C.Pa., 336 F.Supp. 543 (1971).

"Moreover, it is recognized that broad, general and conclusionary allegations, unsupported by specific facts, are insufficient to constitute a cause of action under the Civil Rights Act.

* * * * * *

"It is well established that a civil rights complaint must set forth allegations of facts showing some intentional and purposeful deprivation of constitutional rights." Eisman v. Pan American World Airlines, supra, at 552.

Furthermore, the complaint in itself does not enunciate a charge, and therefore does not raise a cause of action, against Harrel and Farr. There is no activity alleged which constitutes individual action on the part of these defendants. In Abel v. Gousha, 313 F. Supp. 1030 (1970), the court dismissed the § 1983 complaint of a school teacher against the school board members in their individual capacities. The complaint alleged that she was discharged as a result of her engaging in certain demonstrations and said discharge was in violation of her First Amendment Right to freedom of speech.

"Although the members of the School Board are also sued in their individual capacities, the gravamen of the complaint is that they acted improperly as a corporate body in discharging the plaintiff. No individual action by any member of the board is complained about by the plaintiff. In my opinion, the complaint does not state a cause of action against the individual members of the board, and they are entitled to dismissal as individuals." Abel v. Gousha, supra, at 1031.

Not one article in plaintiff's complaint alleges one fact against either defendant Harrel or defendant Farr in his individual capacity which might support any cause of action against them as individuals.

III.

The plaintiff has alleged that the actions of the school board in discharging him without a due process hearing violates his Fifth and Fourteenth Amendment rights. He urged that the Board's failure to secure the compulsory attendance of two witnesses rendered a due process hearing impossible.

In twin landmark decisions, Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), and Perry v. Sindermann, 408 U.S. 593, 33 L.Ed.2d 570, 92 S.Ct. 2694 (1972), the Supreme Court has held that before a State may remove a tenured teacher, that is, a teacher with a property interest in continued employment, it must provide him with notice and hearing that fairly meets concepts of fundamental due process. The Louisiana Teachers' Tenure Law, LSA-R.S. 17:443(a), as amended in 1972, provides:

"A permanent teacher shall not be removed from office except upon written and signed charges of willful neglect of duty, or incompetency or dishonesty, or of being a member of or of contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the State of Louisiana, and then only if found guilty after a hearing by the school board of the parish or city, as the case may be, which hearing may be private or public,

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