Mescia v. Berry, Civ. A. No. 73-1588.
| Decision Date | 23 August 1974 |
| Docket Number | Civ. A. No. 73-1588. |
| Citation | 406 F. Supp. 1181 |
| Parties | Nicholas MESCIA, Plaintiff, v. C. C. BERRY et al., Defendants. |
| Court | U.S. District Court — District of South Carolina |
COPYRIGHT MATERIAL OMITTED
Augustine T. Smythe, Charleston, S. C., William B. Hawkins, Dillon, S. C., Kenneth Woodington, Asst. Atty. Gen., Columbia, S. C., for defendants.
The plaintiff, Nicholas Mescia, a white school teacher, alleges that the defendants refused to renew his contract of employment as a school teacher for the 1972-73 school year because of his association with black persons in the Dillon Community, his religion (Roman Catholic), his place of birth (New York City) and his appearance before an investigating committee of the National Education Association. The plaintiff further alleges that this action was arbitrary and capricious and that he was denied procedural process. Plaintiff seeks reinstatement, damages and injunctive relief. The defendants deny that their action was based on constitutionally impermissible reasons, that their decision was arbitrary and capricious or that the plaintiff was denied due process.
This case was tried without a jury on August 5 and 6, 1974. The Court heard testimony of 11 witnesses and considered 11 depositions. At the conclusion of the trial, the parties were given the right to file supplemental briefs and these have been filed and reviewed by the Court.
After hearing and considering all of the testimony offered by the parties, reviewing the exhibits and briefs, and studying the applicable law, the Court makes the following findings of fact and conclusions of law in accordance with Rule 52 of the Federal Rules of Civil Procedure.
1. Plaintiff, Nicholas Mescia, is a citizen and resident of Dillon County, South Carolina and was employed by the Dillon County Board of Education as a teacher for the school years 1970-71 and 1971-72.
2. Plaintiff was born, reared and educated in the public schools of New York City. He is a Roman Catholic and received a Bachelor of Arts degree from Pembrook State College in North Carolina. He came to Dillon because of his marriage to a native of that city.
3. The defendants are: Mr. C. C. Berry, Mr. John E. McQueen, Glenn Turbeville, Mr. Tom Kennedy, and Mr. Howard Sloan sued individually and in their official capacities as members of the Board of Trustees of Dillon School District No. 2. Mrs. Ann Gibson and Mrs. D. C. Perry are sued in their official capacities as members of the Board of Trustees of Dillon School District No. 2. Dr. W. H. Mitchell is sued in his official capacity as Superintendent of Dillon School District No. 2. Mr. H. E. Corley, former Superintendent of Dillon School District No. 2 is sued individually and in his former official capacity as Superintendent of Dillon School District No. 2. Mr. Phil B. Brown, Mr. W. Gordon Lynn, Mr. Tracy Finklea, Mr. M. H. Cox, Mr. Floyd Bethea, Mr. Robert Miller, Mr. Preston Green, Mr. Neal Rogers, Mr. Mendel Smith and Mr. Robert J. Smith, are sued individually and in their official capacities as members of the Board of Education of Dillon County. Mr. Victor Berry is sued individually and in his official capacity as Superintendent of the Board of Education of Dillon County. Also named as defendants are Dillon District No. 2 and the Board of Education of Dillon County.1
4. Plaintiff was employed as a teacher at St. Mary's High School in New York City during the 1969-1970 school year. He married Cecilia Minshew, a native of Dillon, South Carolina, on March 17, 1970, and the couple resided in an apartment in New York City. After approximately one month, the couple began to have severe domestic difficulties which resulted in a separation. The plaintiff's wife returned to Dillon in April 1970 and did not return to New York City until August 1970. At this time the couple reconciled and returned to Dillon in an attempt to continue their marriage. In August 1970, the plaintiff applied for a teaching position with Dillon School District No. 2. This application reflected plaintiff's place of birth, previous education, his religious affiliation and prior employment. As a result of this application, plaintiff was employed as a Social Studies teacher for the school year 1970-71 at Dillon High School. He was later reemployed for the year 1971-72. Each contract specifically stated that the term of employment was for one year. Each contained, among others, the following conditions:
Both contracts were signed by the plaintiff and the defendant, Mr. H. E. Corley, as the Superintendent of School District No. 2. The contract for the 1970-71 school year called for a salary of $5,827.00 and the contract for the 1971-72 school year called for a salary of $6,249.00.
5. In September 1970, the couple's severe domestic problems resumed. At this time, the couple lived in a duplex apartment in Dillon. Plaintiff testified that his wife came and went as she pleased. It was during this period, that plaintiff learned that his wife was pregnant. He testified that frequently she became violent, smashed windows in their apartment, and on three separate occasions smashed the picture tube in their television set. She also assaulted plaintiff with a bottle on one occasion and threw a knife at him on another. In December 1970, plaintiff's wife left him, and plaintiff testified that she moved from place to place living with various friends. During this period, plaintiff would search for his wife and upon finding her, loud arguments would often ensue. Their child was born in May 1971, and a dispute arose at the hospital over the baby's name. After the child's birth, plaintiff's wife refused to allow him to see his son, but he was able to visit the child when it was left at his wife's parents' apartment. On one occasion while he attempted to see the child at his inlaw's apartment, the police were called to force him to leave. Plaintiff was not arrested, but was ushered from the apartment by the officers. After this incident in the summer of 1971, the couple apparently reconciled again. During the fall of 1971, the couple lived in a duplex apartment in the City of Dillon. It appears that their domestic problems continued and the wife, as before, came and went as she pleased. On one occasion during this period, the plaintiff's wife secured a warrant for his arrest. As a result the plaintiff was arrested on Main Street in Dillon while walking his son in a stroller on Sunday morning. Plaintiff was frisked on the street, handcuffed and placed in jail for approximately 45 minutes.
6. In December of 1971, plaintiff became concerned over his child's health. He testified that he took the baby against his wife's will to New York City and left him with his parents. As a result of this trip plaintiff was absent from his teaching duties for approximately one week. It appears that satisfactory arrangements were made with the school principal regarding a substitute teacher for the plaintiff's classes. Upon his return, the plaintiff was informed that Superintendent Corley wished to see him. At this conference Superintendent Corley discussed with the plaintiff his marital difficulties and his trip to New York. The plaintiff explained his marital difficulties including the incident in which he was arrested. Superintendent Corley suggested that the plaintiff appear before the Board of Trustees of District No. 2 at its January meeting to speak in his own behalf regarding his domestic difficulties. Prior to the board meeting the couple again reconciled, went to New York and brought their child back to Dillon. It appears that their domestic problems began again almost immediately upon their return from New York.
7. The plaintiff appeared before the Board of Trustees of District No. 2 on January 24, 1972. The meeting consisted of plaintiff's discussing his marital difficulties and an explanation of his trip to New York. Plaintiff testified that he told the Board that he had no control over his wife's actions. Sometime after the January 24 board meeting, plaintiff again conferred with Superintendent Corley and was informed that he had made a favorable impression upon the Board.
8. In February 1972, plaintiff's wife burst into his classroom and threatened his life in front of a class of approximately 25 students. As a result of this incident, plaintiff was again summoned by defendant Corley for a conference. Superintendent Corley informed the plaintiff of the seriousness of this incident and of his concern for the safety of the students and teachers at Dillon High School. He further informed the plaintiff that as a result of this incident that he could not recommend that the plaintiff's contract be renewed for the 1972-73 school year. Superintendent Corley also informed the plaintiff that in view of the seriousness of the incident that it might be necessary to swear out a warrant restraining plaintiff's wife from coming upon school property. Plaintiff testified that he agreed with this action and again...
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...F.Supp. at 213 n. 36; Pavlov v. Martin, 381 F.Supp. 707, 710 (D.Del.1974), aff'd 515 F.2d 507 (C.A.3, 1975); cf. Mescia v. Berry, 406 F.Supp. 1181, 1193-94 (D.S.Car.1974), aff'd 530 F.2d 969 (C.A.4, 1975), it follows from the Court's rejection of plaintiffs' procedural due process claim tha......
- Mescia v. Berry