# Mrs. Tobie Brantley v. M.F. Surles, Superintendent of Education, Montgomery County

> Court of Appeals for the Fifth Circuit · November 10, 1983 · 718 F.2d 1354

URL: https://www.frixlaw.com/law-library/cases/9471300

## Case

- **Full name:** Mrs. Tobie BRANTLEY, Plaintiff-Appellant, v. M.F. SURLES, Superintendent of Education, Montgomery County, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 10, 1983
- **Citations:** 718 F.2d 1354; 14 Educ. L. Rep. 33; 1983 U.S. App. LEXIS 15362
- **Precedential status:** Published
- **Opinion:** Concurrence by Garwood
- **Judges:** Garwood, Tuttle, Politz, Gar-Wood
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471300

## Opinion text

GARWOOD, Circuit Judge,
concurring:
Respecting the res judicata point, under 28 U.S.C. § 1738 we give the prior Mississippi judgments only such preclusive effect as Mississippi would. See Southern Jam, Inc. v. Robinson, 675 F.2d 94, 97, 98 (5th Cir.1982); Hicks v. Quaker Oats Co., 662 F.2d 1158, 1166 (5th Cir.1982). The only claim we hold Mrs. Brantley to have validly raised in this suit is her privacy right-liberty claim that she was discharged because of her son’s attendance at private school, and would not have been discharged otherwise. As to this claim, the Mississippi court decisions were primarily based on jurisdictional grounds, namely, that in each case the chancery court had no original jurisdiction. In such circumstance, Mississippi apparently does not give preclusive effect to alternative determinations on the merits. City of Jackson v. Creston Hills, Inc., 172 So.2d 215, 219 (Miss.1965). See Restatement (Second) of Judgments § 20, Comment e (last sentence) and Illustration 4 at 173. Therefore, res judicata is not available as to this claim. As to each of the other points presented by this appeal, I concur fully in the holdings and reasoning of the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471300. Public record. Not legal advice.