Russell v. Harrison, Civ. A. No. GC 82-284-GD-0.

• Decision Date: 16 April 1986
• Docket Number: Civ. A. No. GC 82-284-GD-0.
• Parties: Lillie RUSSELL, et al., Plaintiffs, v. Dr. Robert W. HARRISON, et al., Defendants.
• Court: U.S. District Court — Northern District of Mississippi

632 F. Supp. 1436

Lillie RUSSELL, et al., Plaintiffs, v. Dr. Robert W. HARRISON, et al., Defendants.

Civ. A. No. GC 82-284-GD-0.

United States District Court, N.D. Mississippi, Greenville Division.

April 16, 1986.

Willie J. Perkins, Greenwood, Miss., Alvin O. Chambliss, Jr., Oxford, Miss., for plaintiffs.

Robert L. Gibbs, Gail Lowery, Asst. Attys. Gen., Jackson, Miss., for defendants.

MEMORANDUM OPINION

DAVIDSON, District Judge.

This cause comes before the court on the complaint of Louise Ball and Tommy Williams, Jr., former employees of Jackson State University in Jackson, Mississippi, wherein they allege deprivation of constitutionally protected rights and violations of Title 42 U.S.C. §§ 1981, 1982 and 1983. The plaintiffs seek damages as well as injunctive and declaratory relief. The claims of fifteen other original plaintiffs herein have been abandoned, resolved or previously dismissed. The only controversy remaining in subject litigation are the claims of the plaintiffs Ball and Williams. This matter was initially assigned to former Chief Judge William C. Keady, and the first evidentiary hearing had herein was on December 2, 1982, relative to the plaintiffs' motion for a temporary restraining order. At that initial hearing, the trial court held that the plaintiffs sub judice and the other original plaintiffs who were employees at Mississippi Valley State University had failed to establish their claim for federal equitable relief and the court accordingly refused to reinstate the plaintiffs in their former positions of employment. At that initial hearing, the trial court in announcing its opinion in open court specifically noted that the plaintiffs Ball and Williams, employees at Jackson State University, "still have time to pursue their administrative remedies ... They may be able to resolve their problems in part or in whole administratively."

Subsequently, the trial court granted summary judgment for the defendants both as to the plaintiffs' claim for denial of substantive due process and procedural due process.¹ On appeal the Fifth Circuit Court of Appeals affirmed the district court as to the summary judgment in favor of the defendants on the issue of substantive due process and reversed and remanded with instructions as to the plaintiffs' claim for denial of procedural due process. The appellate court stated that the issue of whether the plaintiffs were provided a meaningful opportunity to respond to the reasons offered for their dismissal should have been addressed by the trial court. Further, the Fifth Circuit stated that the plaintiffs should be afforded the opportunity to present evidence on the issue of denial of procedural due process.² The case was assigned to this court by order dated November 4, 1985. The trial was bifurcated because of the illness of plaintiff Ball and after separate hearings in which the plaintiffs testified extensively, the court proceeds to make its findings of fact and conclusions of law in this bench trial pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

I. FINDINGS OF FACT

At its October 22, 1982, meeting, the Board of Trustees of Institutions of Higher Learning of the State of Mississippi determined and found that a state of dire financial emergency existed at Mississippi Valley State University and at Jackson State University. The Board of Trustees, pursuant to subject findings, directed the presidents of the institutions to take immediate and appropriate steps to restore a state of fiscal integrity at the institutions during the 1982-83 fiscal year. According to Dr. Peoples, the retired former president of Jackson State University, an analysis was made of staffing patterns after consultation with all of the vice-presidents on his staff, and accordingly, several positions were eliminated on the basis of the most efficient staffing per full-time student.

On or about November 18, 1982, both Mrs. Ball and Mr. Williams received letters from President Peoples stating that their positions were being eliminated and that they would be terminated as of December 31, 1982. The reason for termination was stated in subject letters to be the mandate of the Board of Trustees as to the state of financial emergency that existed at Jackson State University. The November 18, 1982, letters provided that, "If further clarification on this matter is necessary, or if assistance is needed in finding other employment, please contact the office of the president." The letters did not specifically state that the employees were entitled to a hearing relative to the termination of their positions. (Pl.Ex. 6, Pl.Ex. 8).

Mrs. Ball and Mr. Williams had executed employment contracts with the university on June 18, 1982, that provided for their employment for the school year 1982-83 for nine months commencing on August 23, 1982, and ending on May 16, 1983. (Pl.Ex. 5, Pl.Ex. 7). The contracts provided that the specified salary included therein could be increased or decreased depending on legislative appropriations, and that the employees could be terminated for malfeasance, inefficiency or contumacious conduct. There apparently is no issue in the case sub judice as to the reason for termination. The plaintiffs have never questioned the fact that financial exigencies existed at the university. The proof revealed that the positions of the plaintiffs herein as well as those of some eighty-eight other faculty and staff personnel were eliminated pursuant to the mandate of the Board of Trustees of Institutions of Higher Learning. It is further significant that the plaintiffs have not alleged that the fiscal exigency as stated in their notices was a pretext for an impermissible motive for termination, or that the elimination of the positions was implemented unreasonably or unfairly. It is further significant that the plaintiffs do not claim that the elimination of their positions was arbitrary and capricious or racially motivated.

Mr. Williams, a former assistant football coach at Jackson State University, had been employed by the institution for six previous years. During the 1982-83 school year, he was employed as an instructor in the Department of Health and had no coaching responsibilities. Mr. Williams testified that he was not aware of his right to a hearing relative to the termination. He stated that he was acquainted personally with President Peoples and had played football with him on the same college football team. Williams denied that he was aware of the provisions in the faculty handbook relative to a hearing procedure and denied that he had been furnished with a copy of the faculty handbook. He stated that after he received the November 18, 1982, letter that he consulted with his supervisor, the head of the Department of Health, and with the academic vice-president and that neither of these persons told him that he was entitled to a hearing relative to his dismissal.

Mr. Williams acknowledged that he had testified in the December 2, 1982, hearing for a temporary restraining order and that he was present in court when the trial judge stated from the bench that he had certain administrative remedies relative to his termination which became effective on December 31, 1982. Mr. Williams testified that subsequent to his dismissal from Jackson State University that he was employed on a part-time basis as a substitute teacher in the Jackson, Mississippi, Public School System and that he traveled to California where he likewise did substitute teaching in the Los Angeles Public School System. Williams testified that his subsequent employment was at considerably less compensation than he had received as a member of the faculty at Jackson State University.

Mrs. Ball was employed at Jackson State University as an assistant professor in the Department of Reading. The 1982-83 school year was her third academic year at Jackson State University. She testified that after she received the notice of termination that she met with Dr. Peoples on November 24, 1982. Mrs. Ball denies that the president of the university told her that she had the right to a hearing and according to her testimony, the meeting with Dr. Peoples lasted for some five to eight minutes. She was told of the financial condition of the school and that there was little if anything that could be done to help her.

Subsequent to her termination, Mrs. Ball worked as a secretary, taught in the New Orleans Public School System and taught on a part-time basis in Maryland. Mrs. Ball acknowledged that she had testified in the December 2, 1982, hearing for a temporary restraining order in this court and that she was present in court when the trial judge stated that the employees at Jackson State University who would not be terminated until December 31, 1982, had certain administrative remedies that might solve their problems in whole or in part. Mrs. Ball denied having a copy of the Jackson State University Faculty Handbook although she admitted that she attended the mandatory faculty seminars held in August 1980 and 1981 prior to the commencement of classes at the institution.

Dr. Peoples, the retired former president of Jackson State University, testified that the faculty handbook was distributed to each member of the faculty at a seminar that was held each August prior to the commencement of classes at the institution. Dr. Peoples related that the faculty seminars were mandatory, that each member of the faculty was required to attend the same each year, and that the faculty members were paid to attend these seminars that were conducted prior to the commencement of classes each year.³

The faculty handbook provides for the creation of a faculty personnel committee, the purpose of which is to provide for a hearing as part of the due process in cases relating to the discontinuation of service of faculty personnel. (p. 65 Handbook). The handbook further provides that termination of service of a person with continuing...