Opinion

Joseph L. De Levay v. Richmond County School Board, as Body Corporate, Robert T. Ryland, Division Superintendent, and Leslie Hodges, Principal

  • 284 F.2d 340
Court
Court of Appeals for the Fourth Circuit
Filed
Nov 17, 1960
Status
Published
On the bench
Soper, Haynsworth, Boreman
Cited by
14 cases
Authority
More cited than 90.8%

The opinion

PER CURIAM.

This suit was instituted by Joseph L. DeLevay, a resident of the District of Columbia, against Richmond County School Board, an agency of the State of Virginia, and against two agents of the Board charged with the administration of the schools in Warsaw, Virginia. The complaint charged that the plaintiff had been employed by the Board as a teacher in the Warsaw High School for the period of ten months beginning September 1, 1955, and was discharged in breach of contract without just cause on December 8, 1955. Damages were claimed in the sum of $60,000; and jurisdiction was based on diversity of citizenship. The answer of the defendants admitted the contract and alleged that the plaintiff was dismissed in the course of ordinary administration of business.

Both parties filed motions for summary judgment and the District Judge granted the defendants’ motion and dismissed the ease. He based his action on the ground that the School Board as an agency of the State was not subject to suit by a citizen of the District of Columbia by reason of the Eleventh Amendment to the Constitution of the United States, which provides that the judicial power,of the United States shall not extend to any suit prosecuted against one of the United States by citizens of another state. He also held with regard to plaintiff’s allegations of defamation that, under the established law, the individual defendants were not liable for acts performed by them in the discharge of their official duties. These rulings were in accordance with the authorities and must therefore be sustained. See O’Neill v. Early, 4 Cir., 208 F.2d 286 ; Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 ; Barton v. Rogers, 21 Idaho 609 , 123 P. 478 , 40 L.R.A.,N.S., 681; 53 C.J.S. Libel and Slander § 103, p. 166.

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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