Johnson v. Branch
| Decision Date | 11 June 1965 |
| Docket Number | Civ. No. 884. |
| Citation | 242 F. Supp. 721 |
| Court | U.S. District Court — Eastern District of North Carolina |
| Parties | Willa JOHNSON, individually and as a representative of a class composed of herself and other Negro school teachers of Halifax County, North Carolina, similarly situated, and as a representative of a class composed of herself and other Negro citizens of Halifax County, North Carolina, similarly situated, Plaintiffs, v. Joseph BRANCH, individually and as attorney for the Board of Education of Halifax County, North Carolina, et al., Defendants. |
William M. Kunstler, Kunstler, Kunstler & Kinoy, New York City, Samuel S. Mitchell, Raleigh, N. C., Philip J. Hirschkop, Lainof, Cohen & Cohen, Alexandria, Va., for plaintiffs.
Allsbrook, Benton & Knott, Roanoke Rapids, N. C., for defendants.
SUMMARY
This cause comes before the Court as a class action in equity. The plaintiff, who is a negro school teacher, seeks injunctive relief as well as damages and attorney's fees. Jurisdiction is asserted to be under Title 28 U.S.C.A. § 1343(3); Title 42 U.S.C.A. §§ 1971, 1981, 1983, and 1985; and the Constitution of the United States; more particularly the First, Fifth, Thirteenth, Fourteenth and Fifteenth Amendments thereto.
The plaintiff seeks to have the defendants, and all others acting in concert with them, restrained from acting and conspiring in any manner designed to intimidate, deter and harass plaintiff and members of her class whom she allegedly represents, from exercising their civil rights guaranteed to them under the Constitution of the United States.
The plaintiff is a member of the negro race and was a teacher in the public school system of Halifax County, North Carolina. She has participated in various activities which are frequently labeled, for lack of a better term, "civil rights activities" in Halifax County during the years 1963 and 1964. After the close of the 1963-1964 school year, she received information that her employment contract as a teacher was not renewed for the school year 1964-1965.
Plaintiff alleges that the failure to renew her teacher's contract was the result of a conspiracy by defendants to harass her and members of her class, and that no legal cause exists for the decision not to renew her contract. For this reason, plaintiff seeks the equitable relief previously stated, counsel fees and special and exemplary damages.
The defendants have answered and filed numerous motions including a motion to dismiss for failure to state a claim upon which relief can be granted, and a motion for summary judgment.
Hearings have been held wherein the testimony of plaintiff and the principal defendants has been heard on three separate occasions: July 31, 1964, at the Craven County Courthouse, New Bern, North Carolina; September 28, 1964, at the same location; and on March 15, 1965 at the Federal Court in New Bern.
This Court was not called upon to pass upon the question of issuing a temporary restraining order so as to preserve the teaching position plaintiff claims, until this matter could be disposed of on the merits, because the parties entered in an agreement whereby plaintiff's teaching position has been filled by a temporary appointment only.
Defendant Joseph Branch has been dismissed as a party on March 15, 1965 by agreement of the parties.
Before the Court at this time, after having been presented with affidavits, depositions and exhibits, after hearing testimony and oral arguments, and after examining written arguments and briefs, are the questions of plaintiff's prayer for a permanent mandatory injunction (designated a restraining order by the plaintiff), damages and attorney's fees. Also before the Court are defendants' motions to dismiss and motion for summary judgment.
At the outset it is necessary to determine the plaintiff's status within the public school system. In this respect, the Court looks to her employment contracts1 and the appropriate North Carolina General Statutes.2
The State of North Carolina has its own public school system which exists under the Constitution of the State of North Carolina3 and the statutes of the state.4 Section 115-142 of the North Carolina General Statutes provides no tenure system for public school teachers. Teachers in the public schools are employed under written contracts for the school academic year and these are not continuing contracts; they expire at the end of the contract period and the employing board of education or district committee does not have to renew the contract.
The plan adopted by the State of North Carolina gives the various school committees, superintendents of county and city schools, and the boards of education of county and city administrative units the power to employ or not to employ public school teachers as they see fit, and for any reasons or motives which in their discretion may seem proper, so long as they remain within reasonable constitutional bounds.
There are no vested rights in regard to re-employment of public school teachers. As the statutes clearly indicate, the right to be employed or reemployed for another school year is to be distinguished from the problem of dismissal of a teacher for cause. The problem of a dismissal is not now before the Court.
Prior to the school year 1963-1964, plaintiff established a record as a teacher that would compare favorably with most teachers. This fact was clearly established by the testimony of a Mr. Phillip Constan. According to his testimony, plaintiff was a highly qualified teacher and after the recommendation of her principal was given there were no sufficient grounds not to re-hire the plaintiff.5
Plaintiff testified, and defendant Williams, the principal of the High School where plaintiff was employed as a teacher also testified, that there was no problem until the school year 1963-1964. Prior to that time the only problems were over minor details and their relationship was in no way strained.
Plaintiff had taught for a period of twelve years, ten of these at Inborden High School, the school of plaintiff's last employment. During that time plaintiff was the sponsor of the Inborden High School National Honor Society and the Student Council. She also sponsored the school paper, aided in the preparation of one of the editions of the Teacher's Handbook, and chaired at least two county wide committees relating to the teaching profession and the administration of schools. It can readily be seen that plaintiff was a diligent and dedicated teacher, and was fully engrossed in family and professional affairs.
In respect to her family, plaintiff is the mother of one child, and was forced to remain absent from teaching for a short period while she gave birth to her child. It was not long before she returned to teaching, however.
As a classroom teacher, during the entire twelve years of plaintiff's career, there can be no doubt that she was beloved by her students and highly respected by her fellow teachers. Other teachers who have worked with plaintiff have submitted affidavits acknowledging her learning, preparation and helpfulness. Former students have likewise submitted affidavits, and they all testify to plaintiff's competency and dedication.
It is in evidence that plaintiff was a diligent member of the Parent-Teachers' Association, having been the treasurer of the Inborden School section for two years. Most of plaintiff's interests were directed toward her family and profession. It is clear that she could have done very little else for either, or for any other outside interests, when one considers her teaching and family commitments.
During the most part of this twelve year span, plaintiff's relations with her superiors was good. It is in evidence that principal Williams requested her return to a position at Inborden High School after she had taken leave for purposes of having her baby.
In April 1963, plaintiff began actively participating in a negro voters registration movement in Halifax County and in the City of Enfield, North Carolina. Her contract was renewed, however, for the following school year, 1963-1964. The renewal may not be of any significance, however, when it is realized the contract was probably considered at about the same time her civil rights activities began.
The period between April 1963 and November 1964 was the period of plaintiff's most active participation in the drive to register negro voters. There is no substantial evidence that plaintiff was a militant or acknowledged leader or participant in the movement.
It was in the fall of 1963, and at the commencement of the school year 1963-1964, that plaintiff testifies to a noticeable change in the attitude of principal Williams toward her.
One bone of contention which quickly appeared was the controversial "English 12 Project." Plaintiff sought to have speakers attend her senior students' English Class, and to have them speak to the class. At least one of these speakers to be invited, and probably more, was a local leader in the negro movement. All such projects require the approval of the principal, and principal Williams would not approve this particular project although he had never disapproved a project request of plaintiff prior to this request.
On another occasion, plaintiff discussed the negro movement with some twelve of her students. Shortly thereafter, they conducted a "demonstration" at the local Enfield public library. Plaintiff insists that she did not instigate this conduct on the part of her students, but she admits encouraging the students in their activities. She also met with them at her home the night following the demonstration, and she testified that they were delighted in their endeavors and confessed their feelings of elation with her and that she was part of the discussion.
These students were called to principal Williams' office the following day and were admonished by him not to participate in...
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