PRAIRIE VIEW A&M UNIVERSITY




    PUBLIC SCHOOL LAW

        ADMN 5023




William Allan Kritsonis, PhD
         Professor




     PERSONNEL ISSUES




          Submitted
             by



        Toiya Gulley




        July 15, 2009
PERSONNEL ISSUES

                                    INTRODUCTION

                                        Case One
                             United States Court of Appeals,
                                      Fifth Circuit

                                JETT, Plaintiff-Appellant
                                           v.

         DALLAS INDEPENDENT SCHOOL DISTRICT, Defendant- Appellate
                             No. 87-2084

                                      LITIGANTS

Plantiff- Apellate: Jett

Defendant-Appellate: Dallas Independent School District

                                    BACKGROUND

        Jett, a white male, was hired as a teacher, athletic director, and head football
coach at a predominately black high school in the Dallas Independent School District. Jett
had repeated clashes with the high school’s principal, Todd, a black man over the policies
of the school and the football program. Principal Todd recommended that Jett be ridded
of his duties of athletic director and coach. The superintendent followed Todd’s
recommendation and placed Jett at another school as a teacher.

                                         FACTS

Jett alleged that Todd’s recommendations were racially motivated and that DISD through
Todd and Wright (superintendent) had discriminated against him. Jett brought this trial to
District court.




                                       DECISION

       The District court jury upheld the law in Jett’s favor and honored Jett through the
42 U.S. C. §§ 1981 and 1983 and the Equal Protection Clause.
DICTA

        The Court of Appeals found the District’s court jury’s instructions to the liability
were deficient. There were many errors in the jury’s decisions. They held that: (1) A
municipality (i.e. school district) may not be held liable for its employees' violations of §
1981 under a respondent superior theory; (2) Court of Appeals would use the principles
enunciated in Monell, supra, and clarified in Pembaur v. Cincinnati, 475 U. S. 469, and
St. Louis v. Praprotnik, 485 U. S. 112, to determine whether or not Superintendent
Wright had the authority under Texas law in the area of employee transfers, and if so,
they would decide whether a new trial is required to determine the DISD's responsibility
for the actions of Principal Todd in light of this determination.

                                     IMPLICATIONS

        Jett’s argument was to prove that Jett had been treated unfairly on the basis of
racial influence. The Court Appeals reviewed the inconsistencies of the jury and District
Court in regards to the aforementioned case.
PERSONNEL ISSUES

                                  INTRODUCTION

                                      Case Two



                                     LITIGANTS

                      LEWIS ANDERSON, Plaintiff-Appellant,


                                      VERSUS


 PASADENA INDEPENDENT SCHOOL DISTRICT, NELDA SULLIVAN,, VICKIE
MORGAN, TED SULLIVAN, CARMEN OROZCO, BOB BLAIR, MARSHALL
KENDRICK, JR., FRED ROBERTS and FREDRICK SCHNEIDER, Defendants-
Appellants.




                                   BACKGROUND

        On November 6, 1995, Anderson filed suit, alleging that the defendants took
adverse employment action against him because he opposed a school bond election and
an administrative reorganization. He claimed violation of his free speech rights, and
asserted state law claims as well.

                                       FACTS


       The defendants moved that the court case to be dismissed, due to “qualified
immunity”. The court asked Anderson to replead his case. Anderson repled his case. The
defendants moved for dismissal of the case for a second time. The case was dismissed,
and Lewis Anderson moved for his federal claims against the Pasadena Independent
School District, superintendent, and specific board members. The defendants also
appealed a monetary sanction that was related to an order for remand to state court.
DECISION

        The District Court dismissed Anderson’s case. This caused Anderson to appeal.
Also, the defendants in the case were issue a type of monetary sanction, of which they
wanted removed.


                                         DICTA


        The judgment appealed was affirmed in part, reversed in part, and remanded to
the district court for further proceedings consistent with this opinion. The Court of
Appeals dismissed the case.




                                    IMPLICATIONS

       Anderson’s experience highlights the importance of strict data that refers the case
in question. The case was dismissed due to many factors.

Court Case Personnel Issues

  • 1.
    PRAIRIE VIEW A&MUNIVERSITY PUBLIC SCHOOL LAW ADMN 5023 William Allan Kritsonis, PhD Professor PERSONNEL ISSUES Submitted by Toiya Gulley July 15, 2009
  • 2.
    PERSONNEL ISSUES INTRODUCTION Case One United States Court of Appeals, Fifth Circuit JETT, Plaintiff-Appellant v. DALLAS INDEPENDENT SCHOOL DISTRICT, Defendant- Appellate No. 87-2084 LITIGANTS Plantiff- Apellate: Jett Defendant-Appellate: Dallas Independent School District BACKGROUND Jett, a white male, was hired as a teacher, athletic director, and head football coach at a predominately black high school in the Dallas Independent School District. Jett had repeated clashes with the high school’s principal, Todd, a black man over the policies of the school and the football program. Principal Todd recommended that Jett be ridded of his duties of athletic director and coach. The superintendent followed Todd’s recommendation and placed Jett at another school as a teacher. FACTS Jett alleged that Todd’s recommendations were racially motivated and that DISD through Todd and Wright (superintendent) had discriminated against him. Jett brought this trial to District court. DECISION The District court jury upheld the law in Jett’s favor and honored Jett through the 42 U.S. C. §§ 1981 and 1983 and the Equal Protection Clause.
  • 3.
    DICTA The Court of Appeals found the District’s court jury’s instructions to the liability were deficient. There were many errors in the jury’s decisions. They held that: (1) A municipality (i.e. school district) may not be held liable for its employees' violations of § 1981 under a respondent superior theory; (2) Court of Appeals would use the principles enunciated in Monell, supra, and clarified in Pembaur v. Cincinnati, 475 U. S. 469, and St. Louis v. Praprotnik, 485 U. S. 112, to determine whether or not Superintendent Wright had the authority under Texas law in the area of employee transfers, and if so, they would decide whether a new trial is required to determine the DISD's responsibility for the actions of Principal Todd in light of this determination. IMPLICATIONS Jett’s argument was to prove that Jett had been treated unfairly on the basis of racial influence. The Court Appeals reviewed the inconsistencies of the jury and District Court in regards to the aforementioned case.
  • 4.
    PERSONNEL ISSUES INTRODUCTION Case Two LITIGANTS LEWIS ANDERSON, Plaintiff-Appellant, VERSUS PASADENA INDEPENDENT SCHOOL DISTRICT, NELDA SULLIVAN,, VICKIE MORGAN, TED SULLIVAN, CARMEN OROZCO, BOB BLAIR, MARSHALL KENDRICK, JR., FRED ROBERTS and FREDRICK SCHNEIDER, Defendants- Appellants. BACKGROUND On November 6, 1995, Anderson filed suit, alleging that the defendants took adverse employment action against him because he opposed a school bond election and an administrative reorganization. He claimed violation of his free speech rights, and asserted state law claims as well. FACTS The defendants moved that the court case to be dismissed, due to “qualified immunity”. The court asked Anderson to replead his case. Anderson repled his case. The defendants moved for dismissal of the case for a second time. The case was dismissed, and Lewis Anderson moved for his federal claims against the Pasadena Independent School District, superintendent, and specific board members. The defendants also appealed a monetary sanction that was related to an order for remand to state court.
  • 5.
    DECISION The District Court dismissed Anderson’s case. This caused Anderson to appeal. Also, the defendants in the case were issue a type of monetary sanction, of which they wanted removed. DICTA The judgment appealed was affirmed in part, reversed in part, and remanded to the district court for further proceedings consistent with this opinion. The Court of Appeals dismissed the case. IMPLICATIONS Anderson’s experience highlights the importance of strict data that refers the case in question. The case was dismissed due to many factors.