Mogle v. Sevier County School Dist.

• Citation: 540 F.2d 478
• Decision Date: 11 August 1976
• Docket Number: No. 74-1862,74-1862
• Parties: Grant MOGLE, Plaintiff-Appellant, v. SEVIER COUNTY SCHOOL DISTRICT et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 478

540 F.2d 478

Grant MOGLE, Plaintiff-Appellant, v. SEVIER COUNTY SCHOOL DISTRICT et al., Defendants-Appellees.

No. 74-1862.

United States Court of Appeals, Tenth Circuit.

Argued and Submitted Sept. 2, 1975.

Decided Aug. 11, 1976.

Elise T. Snyder, Washington, D. C. (Jerry D. Anker, Robert E. Nagle, Steven E. Silverman of Lichtman, Abeles, Anker & Nagle, Washington, D. C., and Michael T. McCoy, Salt Lake City, Utah, on the brief), for plaintiff-appellant.

Ken Chamberlain, Richfield, Utah (Olsen & Chamberlain, Richfield, Utah, and Vera C. Badham, Salt Lake City, Utah, of counsel, on the brief), for defendants-appellees.

Before HILL, HOLLOWAY and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-appellant, Grant Mogle, brought this civil rights action under 42 U.S.C.A. §§ 1983 and 1985 against the Board of Education of Sevier County, Utah, the current superintendent of the Sevier County School District, Mr. Teeples, a former superintendent, Mr. Bennett, and the President and individual members of the Board of Education, all persons being sued in their official and individual capacities. Plaintiff alleged that he was unconstitutionally deprived of his employment as a school teacher and counselor as a result of the defendants' collective refusal to renew his employment contract and their refusal to reinstate him to his position of employment unless the plaintiff moved into and lived in the "North Sevier area." The complaint avers that the amount in controversy exceeds $10,000, exclusive of interest and costs, and claims jurisdiction under 28 U.S.C.A. §§ 1331 and 1343.

The amended complaint alleges that the imposition, into plaintiff's employment contract, of the condition that he live in the North Sevier area was arbitrary, capricious and unreasonable, violated his "rights to live where he chooses and to travel freely" and served no permissible governmental objective in that it bears no relationship to the effective or satisfactory performance of plaintiff's employment duties, all in violation of the Fifth and Fourteenth Amendments. Mogle sought injunctive relief for reinstatement and compensatory and punitive damages.

On the answers to interrogatories, admissions, depositions and affidavits, the trial court granted the defendants' motion for

summary judgment. The court concluded that "no substantial federal question is raised by plaintiff's claim and hence the cause of action does not come within the jurisdictional provisions relied upon by the plaintiff." Plaintiff appeals from this summary judgment dismissing the cause.

I

The factual background

The plaintiff's deposition showed the following facts:

Grant Mogle was employed as an elementary school teacher by the Sevier County School Board under annual contracts from 1964 to 1968. He did not teach during the 1968-69 school year because he went into business with his father for one year. In the Spring of 1969 Mogle was approached by Roger Nielson, principal of North Sevier High School, and asked if he would be interested in a counseling job at the high school. Mogle accepted the position and began work in the fall of 1969. The amended complaint states that plaintiff accepted a counseling position in the 1969-70 school year, and alleges that plaintiff is entitled to be reinstated as a counselor with a salary and benefits commensurate with that which he would have had, had he not been unlawfully terminated (R. Vol. III, 146-154). Mogle's deposition shows that he spent a substantial portion of his time teaching in addition to counseling.

At the time he was hired Mogle resided in Centerfield, Utah, a town approximately eleven miles from Salina, Utah, the location of North Sevier High School. Centerfield had a population of about 420 and is located within Sampete County. Salina had a population of about 1500 and is located in Sevier County. ¹

When Moble first discussed the job with defendant Superintendent Bennett, there was some mention of Mogle's moving within the boundaries of the school district. According to Mogle, Bennett said, "we would like you to move over." Mogle assumed "over" meant into the North Sevier area. Mogle said Bennett put no time limitation on the requested move, expressed no sense of urgency about it, and gave no reasons for the request. Mogle said the request bothered him but that he did not express any objection to Bennett. Mogle did mention Bennett's request to Mr. Nielson, the Principal of North Sevier High School. According to Mogle, Nielson thought the move was unnecessary, for he was concerned only that Mogle be able to get to school and perform assigned responsibilities.

Superintendent Bennett next mentioned the residency issue to Mogle some time around Christmas of 1971. Bennett was visiting North Sevier High School that day and asked Mogle when he was going to move. Bennett apparently expressed his view that Mogle had been given enough time and that he ought to be moving soon. Mogle replied that he and his family were trying to find a place to live in Salina, but they were encountering difficulty due to a tight housing market and a lack of finances. ² Bennett suggested a mobile home or a prefabricated home as a possible alternative; he gave Mogle no ultimatum at this time.

A similar discussion took place in March, 1972, at which time Bennett told Mogle that a contract for the coming year, 1972-73, might not be offered if Mogle didn't move. Again Mogle replied that he was trying to find a new home. Mogle's deposition states that he definitely knew after this conversation that he would have to move if he was to have a job for the coming year.

Mogle, troubled by Bennett's request, inquired of one of his neighbors in Centerfield, a Mrs. Frandsen, who was also a teacher employed by the Sevier School Board, whether she had been confronted with this kind of request or ultimatum. He received a negative reply. Mogle then requested Mogle appeared at the Board meeting and presented a written proposal. According to Mogle, a discussion ensued during which the Board expressed its general concern that Mogle was paying taxes in Sampete County while getting paid in Sevier County. He said the main issue seemed to be that he ought to be living in Sevier County if that was where he was going to get paid. Mogle also says "they thought I ought to be in the community but they didn't say for what reason." Mogle recalled that defendant Manning was particularly strong in his statements "about that," apparently referring back to the concern over the taxing location.

the School Board to grant him a few minutes of time at their next regularly scheduled meeting on April 27, 1972, in order that he might present his problem.

Mogle brought up the fact that his neighbor, Mrs. Frandsen, wasn't subject to the announced policy. He said the Board explained this away by replying that she was hired when teachers were hard to get and it was thought she would only stay for one year. Mogle said he was led to believe there was a policy on residency regarding only him; he was greatly disturbed that the policy, if it existed, didn't apply to all teachers. Mogle said he had no prior knowledge of any such policy and that none was discussed with him at the time he was hired. He said he had made an inquiry to one of the Board members, defendant Glover, concerning the origin of the policy and defendant Glover answered that he didn't know.

When Mogle received his 1972-73 school year contract in the latter part of May, 1972, the following sentence was typed into paragraph 6:

For this contract to be valid (the teacher) must be living in the North Sevier area by the beginning of the 1972-73 school year (Vol. III, p. 11).

The school year was scheduled to begin for Mogle on August 11, 1972. Mogle signed and returned the contract with the intention of making a good faith effort to comply with the residency provision (See Mogle's Deposition, 60-61).

At this point the Mogles increased their efforts to find a house in Salina. They listed their own home for sale and found one house in Salina they were very near purchasing. However, they were unable to obtain F.H.A. approval of the necessary loan because the home was too small for their size family. Mogle spent much of the time during the summer of 1972 in Provo, Utah, at Brigham Young University finishing the requirements for his master's degree, but he did spend time looking for another home in Salina (Id. at 60-61).

After these difficulties in his efforts to move, Mogle phoned Bennett early in August to report on his troubles. Bennett replied that he would have to discuss the problem with the School Board at its regular meeting on August 10. Mogle was later informed by his wife that Bennett had called while Mogle was in Provo and had "told her the board had met and that it was their decision they would let me go unless I was there on the date specified." Bennett left word with Mogle's wife "that if there was any change in my particular moving circumstances by the next day to let him know."

Mogle had contacted the Utah Education Association in May, 1972, about his troubles. Mr. Walters, an official of the Association, made several contacts with the Board on Mogle's behalf. His deposition states that Walters asked Superintendent Bennett why they didn't apply the policy to Mrs. Frandsen; that Bennett said she was hired when it was hard to get teachers, and they didn't think she would be employed more than a year or two; that she had been with them for many years and therefore they did not place the stipulation on her. Walters said they were being unfair and discriminatory, and Bennett said they were prepared to take it to court.

Later Walters asked the new Superintendent, Mr. Teeples, to produce any written policy on the point, and Teeples said they didn't have one in writing. When Walters appeared before the Board, he was told that although they didn't have an official policy in writing and another...