Thompson v. Madison County Board of Education, 73-3509. Summary Calendar.

• Decision Date: 20 June 1974
• Docket Number: No. 73-3509. Summary Calendar.,73-3509. Summary Calendar.
• Citation: 496 F.2d 682
• Parties: Bennie G. THOMPSON, Plaintiff, Evelyn Thomas et al., etc., Plaintiffs-Appellants, v. MADISON COUNTY BOARD OF EDUCATION et al., etc., Defendants-Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

496 F.2d 682 (1974)

Bennie G. THOMPSON, Plaintiff, Evelyn Thomas et al., etc., Plaintiffs-Appellants, v. MADISON COUNTY BOARD OF EDUCATION et al., etc., Defendants-Appellees.

No. 73-3509. Summary Calendar.^*

United States Court of Appeals, Fifth Circuit.

June 20, 1974.

Frank R. Parker, Lawyers' Committee for Civil Rights Under Law, Isaiah Madison, James M. Abram, Jackson, Miss., for plaintiffs-appellants.

G. Milton Case, R. L. Goza, Canton, Miss., for defendants-appellees.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

THORNBERRY, Circuit Judge:

This is the second appeal for Sutton and Thomas from adverse determinations by the district court. Believing that their teaching contracts were not renewed in violation of the principles we enunciated in Singleton v. Jackson Municipal Separate School District, 5th Cir. 1970, 419 F.2d 1211, cert. denied, 396 U.S. 1032, 90 S.Ct. 612, 24 L.Ed.2d 530, they sought injunctive relief, back pay, attorney's fees, and reimbursement for other expenses. In the first hearing, the district court found that the refusal of the Madison County Board of Education to rehire the two teachers was based on "just and proper cause." We reversed because we were unable

to determine whether the Madison County School District is still in the process of implementing the desegregation orders of this Court or whether desegregation has already been completely achieved.

5th Cir. 1973, 476 F.2d at 678. We had before us no record on which to predicate a decision concerning the applicability of Singleton, because the district court had refused to grant the plaintiffs a full evidentiary hearing, choosing instead to rely on a school board hearing which undeniably did not and could not face up to the Singleton issue. On remand, the district court conducted the required hearing and found that Singleton was inapplicable and thus that the Board was entitled to refuse to rehire the teachers without regard to the requirements of that decision; that both teachers were refused rehiring for "just and proper cause" based on their classroom performances; that in the absence of tenure, the Board of Education could not rehire the teachers because they had not been recommended for re-employment by the Superintendent as state law required; and that even if the plaintiffs had been successful, they would not have been entitled to an award for attorneys' fees. Again, we reverse and remand, this time with directions to grant the relief requested in part and to consider further the request for back pay and certain other expenses.

The Applicability of Singleton

This Court's en banc decision in Singleton prescribed detailed procedures for the effectuation of staff reductions resulting from the judicially-ordered desegregation of formerly dual public educational systems. Singleton v. Jackson Municipal Separate School District, supra, 419 F.2d at 1218.

If there is to be a reduction in the number of principals, teachers, teacher-aides, or other professional staff employed by the school district which will result in a dismissal or demotion of any such staff members, the staff member to be dismissed or demoted must be selected on the basis of objective and reasonable non-discriminatory standards from among all the staff of the school district. In addition if there is any such dismissal or demotion, no staff vacancy may be filled through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has an opportunity to fill the vacancy and has failed to accept an offer to do so.

Prior to such a reduction, the school board will develop or require the development of nonracial objective criteria to be used in selecting the staff member who is to be dismissed or demoted. These criteria shall be available for public inspection and shall be retained by the school district. The school district also shall record and preserve the evaluation of staff members under the criteria. Such evaluation shall be made available upon request to the dismissed or demoted employee.

"Demotion" as used above includes any reassignment (1) under which the staff member receives less pay or has less responsibility than under the assignment he held previously, (2) which requires a lesser degree of skill than did the assignment he held previously, or (3) under which the staff member is asked to teach a subject or grade other than one for which he is certified or for which he has had substantial experience within a reasonably current period. In general and depending upon the subject matter involved, five years is such a reasonable period.

419 F.2d at 1218. It is undisputed that the Board has not even attempted to adopt Singleton procedures, and the district court so found. But the district court concluded that

When these two black teachers were not rehired, this school board was not in default, or delinquent in any respect in compliance with any plan for desegregation recommended by HEW pursuant to order of the United States Court of Appeals for this Circuit. It is an irrefragable fact that these two teachers involved in this suit were not displaced pursuant to or by virtue of any implementation of the Singleton order . . . The Singleton order and such criteria therein as to not rehiring teachers simply has no application to the facts and circumstances in this case, and the propriety vel non of the failure of this school board to rehire these two teachers must be viewed and considered and decided solely from conventional aspects of annual employment . . .

The Madison County School System was desegregated and converted into a unitary school system as described and defined by the Supreme Court of the United States. These two black teachers were not displaced and were not rehired as a result of the implementation of Singleton . . . , but were properly not rehired for just and proper cause outside the sweep of Singleton criteria . . .

The court found that the "Madison County School System was converted to a unitary school system as defined by the Supreme Court on the 31st day of December 1969." This is the date which we set for the introduction of the desegregation plan. United States v. Hinds County School Board, 5th Cir. 1969, 423 F.2d 1264, cert. denied, 1970, 396 U.S. 1032, 90 S.Ct. 612, 24 L.Ed.2d 531.

The evidence overwhelmingly indicates that the school system was not integrated December 31, 1969, was not integrated at the time of the refusal to rehire the plaintiffs in March, 1970, and indeed may not have been integrated at the time of the last hearing. Pursuant to a prior order of this Court, the school district has filed status reports which show the following:

                  1969-70 school year (as of April 15, 1970)
                I (a) The number of students enrolled in the District
                by race is
                      White:  922
                      Black: 3448
                  (b) The number of students enrolled in each school
                of the District by race is
                         School                   White         Black
                      Velma Jackson                  0          1,107
                      Luther Bransom                 0            476
                      Madison-Ridgeland            268            235
                      Rosa Scott                    32            703
                      Ridgeland Elementary         295             37
                      East Flora                     0            740
                      Flora                        327            150
                II (a) The number of full time teachers in the District
                by race is
                      White:  69
                      Black: 162
                  (b) The number of full time teachers in each school
                of the District by race is
                         School                   White         Black
                      Velma Jackson                  6             50
                      Luther Bransom                 0             24
                      Madison-Ridgeland             24              5
                      Rosa Scott                     6             40
                      Ridgeland Elementary          12              0
                      East Flora                     0             37
                      Flora                         21              6
                  1970-71 school year (as of March 15, 1971)
                I (a) The number of students enrolled in the District
                by race is
                      White:  762
                      Black: 3522
                  (b) The number of students enrolled in each school
                of the District by race is
                        School                   White          Black
                      Velma Jackson                 0           1,124
                      Luther Branson                1             445
                      Madison-Ridgeland           328             214
                      Rose Scott                    0             660
                      Ridgeland Elementary         311            104
                      East Flora                    0             835
                      Flora                        122            140
                

                II (a) The number of full time teachers in the District
                by race is:
                      White:  59
                      Black: 155
                  (b) The number of full time teachers in each school
                of the District by race is:
                         School                  White         Black
                      Velma Jackson                  4             48
                      Luther Branson                 1             24
                      Madison-Ridgeland             23½             4½
                      Rosa Scott                     3             35
                      Ridgeland Elementary          15              1½
                      East Flora                     1             39
                      Flora                         11½             3
                  1971-72 School year (as of December 1, 1971)
                I (a) The number of students enrolled in the District
                      by race is:
                      White:   722
                      Black: 3,400
                  (b) The number of students enrolled in each school
                of the District by race is:
                         School                   White         Black
                      Velma Jackson                  0          1,087
                      Luther Branson                 3            434
                      East Flora                     0            812
                      Flora                         82            122
                      Madison-Ridgeland            168            290
                      Ridgeland                    191            245
                      Rosa Scott                   278

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