Opinion

Singleton v. Vance County Board of Education

  • 501 F.2d 429
  • 8 Fair Empl. Prac. Cas. (BNA) 212
  • 7 Empl. Prac. Dec. (CCH) 9359
  • 1974 U.S. App. LEXIS 8730
Court
Court of Appeals for the Fourth Circuit
Filed
May 8, 1974
Status
Published
On the bench
Field, Winter
Cited by
18 cases
Authority
More cited than 93.0%

The opinion

PER CURIAM:

Asserting a cause of action under 42 U.S.C. § 1983 , Charlie J. Singleton instituted this suit against the Vance County Board of Education asking compensatory damages and injunctive relief for the allegedly unlawful termination of his employment as a school teacher. The district court entered judgment in favor of Singleton, awarding damages and attorney fees, and the Board has appealed. Challenging the computative basis of his damages Singleton has filed a cross-appeal.

While it has been raised by neither party, a serious jurisdictional question requires that we remand this case to the district court. The plaintiff asserted jurisdiction under only 28 U.S.C. § 1343 (3) and (4), but since the Board of Education, the only named defendant, is not a “person” subject to suit under § 1983, jurisdiction cannot lie under those statutory sections. City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973).

Accordingly, we remand the case to the district court with leave to the plaintiff to amend the jurisdictional allegations of his complaint should he be so advised and, in such event, for further consideration of the jurisdictional question by the court.

Remanded.

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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