Whitmyer v. Lincoln Parish School Board

• Decision Date: 11 February 1948
• Docket Number: Civ. A. No. 2250.
• Citation: 75 F. Supp. 686
• Parties: WHITMYER v. LINCOLN PARISH SCHOOL BOARD et al.
• Court: U.S. District Court — Western District of Louisiana

75 F. Supp. 686

WHITMYER v. LINCOLN PARISH SCHOOL BOARD et al.

Civ. A. No. 2250.

District Court, W. D. Louisiana, Monroe Division.

February 11, 1948.

A. P. Tureaud and Louis Berry, both of New Orleans, La., and Thurgood Marshall, of New York City, for plaintiff.

Truett L. Scarborough, of Ruston, La., for defendants.

DAWKINS, District Judge.

Plaintiff, alleging himself to be a colored schoolteacher of Negro blood, permanently employed by the defendant school board, brings this suit as a class action under Rule 23(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for declaratory judgment. He charges that, although equally qualified with white teachers, he and others of his race have been discriminated against in the salaries and compensation paid them as compared with those paid white teachers, out of public school funds. Defendants are the school board for Lincoln Parish and its superintendent. Details of the extent and amount of discrimination are set forth in the complaint.

The prayer is that the Court "declare the rights and legal relations of the parties to the subject matter in controversy, in order that said declaration shall have the force and effect of a final judgment or decree"; and that it adjudicate the rights of colored teachers to be equal with those of the white race, as between those of the same qualifications, training and experience; and that the failure to do so by defendants constitutes a violation of the 14th Amendment of the Federal Constitution. Finally, he prays for an injunction against further discrimination.

Defendants move to dismiss the complaint on the ground that (a) it fails to state a claim upon which relief can be granted; (b) for want of jurisdiction, since "no law or regulation is involved which can be said to be a violation of that (14th) Amendment, nor is the action dependent upon the construction of the Constitution and laws of the United States"; (c) that the amount involved is below the minimum jurisdiction of this court; (d) there is no diversity of citizenship; (e) that the suit is in reality against the State of Louisiana and that it is brought in violation of the 11th Amendment of the Federal Constitution; (f) the salaries of all teachers are fixed by the Board and become the subject of written contracts between the teachers and the School Board; and the plaintiff, as well as others claiming such discrimination have an adequate remedy by an action at law; (g) that this is not a true class action as contemplated by Rule 23 of the Federal Rules of Civil Procedure, in that: (1) plaintiff in bringing this suit is acting merely as an individual "and not as a true representative of the Negro principals and teachers as a class", (2) that there is not and has not been an actual controversy as between "the Negro principals and teachers as a class on the one hand and the defendants on the other hand", (3) that plaintiff is not the true party in interest "but that the interested parties, none of whom are Negro principals or teachers of the Lincoln Parish School Board, live outside of Lincoln Parish, and have persuaded plaintiff to permit this suit to be brought in his name", after failing to induce others to do so and, (4) that plaintiff "is not truly or clearly representative of the Negro principals and teachers of the Lincoln Parish School Board."

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