Opinion

Pettiford v. Granville County NC

  • 16 F. App'x 112
Court
Court of Appeals for the Fourth Circuit
Filed
Jul 23, 2001
Status
Unpublished
On the bench
Motz, Traxler, King
Cited by
0 cases

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

MARY N. PETTIFORD, 

Plaintiff-Appellant,

v.

GRANVILLE COUNTY, a body politic;

GRANVILLE COUNTY SCHOOLS;

GRANVILLE COUNTY BOARD OF

EDUCATION; JANICE O. DAVIS,

Superintendent for Administrative

Services; BARBARA C. HARRIS,

Principal of West Oxford

Elementary School; KATY

ARRINGTON, Member of Board of

Education; CHIP BRISTOW, Member  No. 00-1876

of Board of Education; GWEN

FAULKNER, Member of Board of

Education; JAMES W. LUMPKIN,

Member of Board of Education;

NEIL MCDONALD, Member of Board

of Education; RICHARD H. NELSON,

Member of Board of Education;

LEONARD E. PEACE, SR., Member of

Board of Education; DOROTHY

PRUITT, Member of the Board of

Education, in their individual and

official capacities,

Defendants-Appellees.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

James C. Fox, Senior District Judge.

(CA-99-484-F-5)

2 PETTIFORD v. GRANVILLE COUNTY

Argued: June 5, 2001

Decided: July 23, 2001

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL

ARGUED: Sandra Jyll Polin, Raleigh, North Carolina, for Appellant.

William Lee Hopper, Oxford, North Carolina; Kenneth Alexander

Soo, THARRINGTON SMITH, L.L.P., Raleigh, North Carolina, for

Appellees. ON BRIEF: Deborah R. Stagner, THARRINGTON

SMITH, L.L.P., Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

OPINION

PER CURIAM:

Mary N. Pettiford, an African-American elementary school teacher,

with bachelor’s and master’s degrees in education and over thirty

years of teaching experience, brought this action against Granville

County, the Granville County School System, the Granville County

Board of Education, individual board members, and various school

administrative officials. In a multi-count complaint, Ms. Pettiford

alleges, inter alia, that the various defendants engaged in employment

practices that discriminated against her on the basis of race and age

in violation of state and federal law, breached contractual rights owed

to her by forcing her resignation and refusing to deal fairly with her,

PETTIFORD v. GRANVILLE COUNTY 3

coerced her resignation by improper threats, failed to provide her

notice and other procedural rights guaranteed by state law, wrongfully

discharged her in retaliation for her complaints about her assignments

and working conditions, and caused her severe emotional distress.

Ms. Pettiford requests compensatory and punitive damages and

injunctive relief in the form of removal of a certain letter dated May

21, 1996 from her personnel file, receipt of a grievance hearing, pro-

motion to a tenured teaching position, and an apology from the defen-

dants.

All of Ms. Pettiford’s claims grow out of her attempts to gain

employment with Granville County School System in 1992 and 1993

and her subsequent resignation from the employment she ultimately

did obtain as a non-tenured, contractual "Chapter I" teacher. The dis-

trict court, after painstakingly considering Ms. Pettiford’s detailed

complaint, granted the various defendants’ motion to dismiss the

action, in a thorough twenty-six page opinion.

We have carefully reviewed the briefs and record in this case, con-

sidered the oral and written arguments of the parties and the relevant

legal authorities, and conclude that we must affirm. As the district

court explained, Ms. Pettiford makes no allegations stating a "factual

or legal basis supporting liability of the County," all of her federal

employment discrimination claims and most of her state claims are

time-barred, and her remaining state law claims are meritless.

Accordingly, we affirm on the basis of the district court’s well rea-

soned opinion. See Pettiford v. Granville County, No. 5:99-CV-484-

F(3) (E.D.N.C. June 1, 2000).

AFFIRMED

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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