(Download) "Mccormick v. Attala County Board of Education" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Mccormick v. Attala County Board of Education
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 04, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The sole issue presented on this appeal is whether the district court, 407 F. Supp. 586, after finding the defendant school board's fixed racial ratio hiring policy unconstitutional, erred in refusing to award the plaintiff-appellant back pay and order her reinstatement as a teacher. The district court found such relief unwarranted ""due to the unique factual circumstances in this case"". Because we are unable to determine what these unique circumstances are, and consequently whether they constitute adequate grounds for denying the appellant the relief she seeks, and because the district court may have misconstrued the applicable principles of law, we vacate the denial of relief and remand the case to the district court for reconsideration or clarification of its basis for refusing the appellant back pay and reinstatement. The appellant, a black teacher, brought suit under 42 U.S.C. §Â§ 1981 and 1983 alleging that both her dismissal by the board and the board's subsequent failure to rehire her were for constitutionally impermissible reasons. The district court found that her dismissal was neither violative of our decree in Singleton v. Jackson Municipal Separate School District, 5 Cir. 1970, 419 F.2d 1211 (en banc), nor racially motivated, and the appellant does not appeal these findings. However, the district court did find that the board's failure to rehire the appellant was ""the result of the school board's policy of replacing white teachers with white teachers and black teachers with black teachers"". The court properly held this practice unconstitutional because it amounts to a racial classification of job applicants and enjoined its further implementation, but failed to grant the appellant any individual relief.