Petition — Daniels v. Southern California Rapid Transit District

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‘Gupreme Court, U,

* FILED’

i

ib = JUN 9 1980

(*,

IN THE MICHAEL RODAK, JR.,

SUPREME COURT

OF ‘THE UNITED STATES

ait sia i's 1 9 3 4

FLOYD H. DANIELS,

Appellant and Petitioner,

vs.

SOUTHERN CALIFORNIA RAPID TRANSIT

DISTRICT, a public corporation;

and JACK R, GILSTRAP, as General

Manager of the SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT,

Appellees and Respondents.

PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FLOYD H. DANIELS

4650 Coliseum Street, Apt. #1

Los Angeles, California 90016

(213) 296-4588 - 788-9450, Ext. 40

In Propria Persona

IN ‘THE

SUPREME COURT

OF THE UNITED STATES

October Term, 1979

No.

FLOYD H. DANIELS,

Appellant and Petitioner,

vs.

SOUTHERN CALIFORNIA RAPID TRANSIT

DISTRICT, a public corporation;

and JACK R, GILSTRAP, as General

Manager of the SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT,

Appellees and Respondents.

PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FLOYD H. DANIELS

4650 Coliseum Street, Apt. #1

Los Angeles, California 90016

(213) 296-4588 - 788-9450, Ext. 40

In Propria Persona

TOPICAL INDEX

Table of Authorities

OPINIONS BELOW

JURISDICTION

QUESTIONS PRESENTED

STATUTES INVOLVED

CONCISE STATEMENT OF CASE

ARGUMENT

I. PETITIONER'S MOTION FOR

RECONSIDERATION, FILED IN THE

DISTRICT COURT ON FEBRUARY 14,

1978, MERIT THE PROTECTION OF

RULE 59(e), FEDERAL RULES OF

CIVIL PROCEDURE

A. Petitioner's Present Inde-

pendent New Cause of Action

With a Different Claim Is The

Result Of A Separate And

Distinct Act Of An Unlawful

Employment Practice Upon

Which Relief Can Be Granted

B. The Committed Separate And

Distinct Unlawful Act In

Employment Practice By

Respondents On August 16, 1977,

Violates Title 42, U.S.C.,

Sections 1981, And 1983

Page

iv

wr 6h UNC CN

10

10

11

13

Il.

1. Title 42, U.S.C.,

Section 1981 14

2. Title 42, U.S8.C.,

Section 1983 16

The Statute Of Limitations In

Petitioner's Present New

Cause of Action With A

Different Claim Merits The

Protection of "Jurinko vw.

Edwin L. Wiegand Co.$' Ruling 18

The Doctrine Of Res Judicata

Is An Inapplicable Law To Bar

Petitioner's Present New

Cause Of Action With A

Different Claim 21

WHY THIS UNITED STATES SUPREME

COURT SHOULD REVIEW PETITIONER'S

PRESENT NEW CAUSE OF ACTION UPON

A DIFFERENT CLAIM; AND REVERSE

THE DECISIONS OF THE LOWER

COURTS 31

Article 3, Section 2, Clause l,

Of The United States

Constitution Provides This

Supreme With Judicial Power

And Authority To Review And

Issue Opinions In Causes Of

Actions Unlawfully Violating

Title 42, U.S.C., Sections

1981, And 1983; And The 14th

Amendment 31

ii.

Page

A. The District Court, And The

Court Of Appeals Have Denied

Petitioner The "Due Process Of

Law" And , Equal Protection Of

The Laws" 33

CONCLUSION 36

APPENDIX 38

Judgments And Final Orders 40-48

Exhibits 49-63

iii.

TABLE OF AUTHORITIES

Cases Page

Donovan v. Reinbold

433 F.2d 738 (9th Cir. 1970) 17

Forman v. Davis

371 U.S. 178. (1962). 11

Guarantee Acceptance Corp. v.

Fidelity Mortgage Investors

544 F.2d 449 (10th Cir. 1976). 29

I.N. McDonald and Raymond L,

Laird v. Santa Fe Trail Trans-

ortation Co., et al.

27 U.S. 273. (1976). 16

Iselin v. C.W. Hunter Co.

173 F.2d 388 (Sth Cir. 1949). 29

Johnson v. Railway Express Agency

421 U.S. 454. (1975). 33... 28

Jurinko v. Edwin L. Wiegand Co.

477 F.2d. 1038 (3rd Cir. 1973).

414 U.S. 970. (Cert. Granted). 12, 19

Masco v. United Airlines

574 F.2d 1127 (3rd Cir. 1978). 18

Mercoid Corp. v.

Mid-Continent Co.

320 U.S. 661. (1944). 31

Miller et al. v. Meinhar-

Commercial Corp.

462 F.2d 358 (5th Cir. 1972). 29

iv.

Smith v. Cremins

308 F.2d 187 (9th Cir. 1962). 20, 21

Smith v. Hampton Training

School for Nurses

300 F.2d 577 (4th Cir. 1966) 17

Sonnenblick-Goldman Corp v.

Nowalk

420 F.2d 858 (3rd Cir. 1970) ll

United States v. International

Building Co.

345 U.S. 502. (1953). 30

Young v. International

Telephone & Telegraph Co,

438 F.2d 757 (3rd Cir. 1971). 20

Rules

Federal Rules of Civil Procedure,

Rule 38(b) 38

Rule 60(b), (2) 25

Rule 59(e) id, 13

Statutes

California Code of Civil

Procedure, Section 338(1) 19, 20

Title 42, U.S.C., Section 1981 14

Title 42, U.S.C., Section 1983 16

Vv.

United States Constitution

Article 3, Section 2, Clause 1 33

14th Amendment 36

vi.

IN THE

SUPREME COURT OF THE UNITED STATES

October Term, 1979

No.

FLOYD H. DANIELS,

Appellant and Petitioner.

vs.

SOUTHERN CALIFORNIA RAPID TRANSIT

DISTRICT, a public coporation;

and JACK R, GILSTRAP, as General

Manager of the SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT,

Appellees and Respondents.

PETITION FOR WRIT OF CERTIORARI

Petitioner, FLOYD HIRAM DANIELS,

petitions for Writ of Certiorari to

review the Final Order of the United

States Court of Appeals for the Ninth

Circuit, entered on April 21, 1980, in

which Petitioner's Petition For Rehearing

filed March 25, 1980, was DENIED, and

thereby affirming the United States

District Court for the Central District

of California; wherin, Petitioner's

be

Motion For Reconsideration, and Demand

For Jury Trial was DENIED in a Final

Order entered on April 10, 1978,

Petitioner alleges:

OPINIONS BELOW

The opinions delivered 4 the

Courts below are appended to this Petition

as follows:

1. The United States Court of

Appeals for the Ninth Circuit's Final

Order denying Petitioner's Petition For

a Rehearing, Page #40 ,

2. The Court of Appeals' Memorandum

affirming the District Court's Final

Order, Page # 41,

3. The District Court's Final Order

Seaping Petitioner's Motion For

Reconsideration, Page # 45,

4. The District Court's Judgment

Dismissing Petitioner's "Complaint For

Discriminatory Breach of Reinstatement

For Damages and Payment For Lost Time",

entered gnd filed on February 7, 1978,

Page # 4/7,

JURISDICTION

The ground on which the jurisdiction

of this Court is invoked is that the

Court of Appeals has decided two (2)

a

important questions of federal law which

should be settled by this Court.

1. The District Court's Final

Order entered on April 10, 1978; in which

Petitioner's Motion For Reconsideration;

and Demand For Jury Trial, by barring

this present Civil Rights Cause of

Action by:

a. Statute of Limitations.

b. Doctrine of Rejudicata,

2. The Final Order of the Court of

Appeals that was filed on April 21, 1980;

in which, Petitioner's Petition For

Rehearing was denied, and thereby, uphold-

ing the Court of Appeals' Memorandum,

affirming the Final Order of the District

Court.

3. The Court of Appeals, and the

District Court have improperly denied

Petitioner, as a United States Citizen

the "Due Process of Law" and "Equal

Protection of the Laws", as prescribed

by the 14th Amendment of the Constitution

of the United States of America, in this

present Cause of Action.

The statutory provisions believed

by Petitioner to confer on this Court's

jurisdiction to review the judgment in

rt paar ee by Writ of Certiorari are Title

2, U.S.C., Sections 1981, and 1983;

California Code of Civil Procedure,

Section 338(1); and the 14th Amendment

of the Constitution of the United States

of America.

3.

QUESTIONS PRESENTED

The questions presented for

review are as follows:

A. Whether the District Court

improperly denied Petitioner's Motion

For Reconsideration by barring this

present Cause of Action with the

Doctrine of Res Judicata; and the Statute

of Limitations.

B. Whether the Court of Appeals

can affirm the above states Action by

the District Court when the Court of

Appeals improperly denied Petitioner's

petition For Rehearing, by ignoring and

refusing to address Itself to the

Financial Transaction that happened on

June 22, 1577 between Petitioner and

Respondents ; in which, the Court of Appeals

has deprived Petitioner the "Due Process

of Law", and the "Equal Protection of the

Laws", as precribed by the 14th Amend-

ment of the Constitution of the United

States of America.

STATUTES INVOLVED

Statutes involved in this Action

are Article #3, Section #2, Clause #1, of

the United States' Constitution; the 14th

Amendment of the Constitution of the

United States; Title 42 U.S.C., Sections

1981. and 1983; 338(1), California Code

of Civil Procedure,

The above stated Statutes will be

4.

quoted later in this Petition when it is

appropriate to do so.

CONCISE STATEMENT OF CASE

The facts material to the consid-

eration of the questions presented are

as follows:

Petitioner's "Complaint For

Discriminatory Breach Of Reinstatement

For Damages and Payment For Lost Time",

filed in the District Court on November

2, 1977, is a New Cause of Action, with

different Claim or Issue, is based upon a

separate and distinct Act of unlawful

racial discrimination in employment

practice, committed by Respondents.

This Cause of Action commenced

and started on June 21, 1977, when

Petitioner visited Respondents' Head-

quarters at 425 South Main Street, Los

Angeles, California; and presented a

letter, dated January 28, 1971, from

Respondents to Petitioner providing for

the peynent of $1,098.24; and Respondents

and Petitioner's Union's Agreement for

the reinstatement of Petitioner, as a

bus operator. The above stated Letter

was filed with Petitioner's Complaint

on November 2, 1977, attached thereto

as Exhibit I-i, (CT’50-51; and is filed

in the Appendix as Exhibit "B", Page# 51.

As a result of Petitioner's visit

to Respondents' Headquarters on June 21,

1977, Respondents mailed Petitioner a

5.

check, dated June 22, 1977, in the amount

of $1,098.24; which Petitioner received

by U.S. Mail on June 24, 1977, The above

stated Financial Transaction, and in

accordance with Respondents' Letter of

agreement, dated January 28, 1971,

restored Petitioner's Reinstatement

Rights as a bus operator. A photostat

of the above said check was filed with

the Complaint on November 2, 1977,

attached thereto, as Exhibit "H-2",(CT 52);

and is filed in the Appendix, as Exhibit

"Cc", on Page # 52 ,

As a result of Petitioner receiving

the above stated check on June 24, 1977;

and also the fact that there were material

evidence of White Bus Operators Employees

(Caucasian) of Respondents who were

continuing to perform dual employment;

Petitioner wrote a letter, dated June 25,

1977, and informed Respondents that

Petitioner was available and ready for

reinstatement as a Bus Operator; and

requested Respondents to modify "agree-

ment #2'' of said letter from Respondents,

dated January 28, 1971, by striking from

"Agreement #2", as follows:

"and that you sever your employ-

ment by the Los Angeles City

School System."

Petitioner's above said letter,

dated June 25, 1977, to Respondents was

filed with the Complaint on November 2,

1977, attached thereto, as Exhibit I,

(CT 48-49); and is filed in the Appendix,

as Exhibit "D", Page # 53,

6.

Petitioner's request in the above

stated said letter was denied in a letter

from Respondents to Petitioner, dated

July 12, 1977. This said letter was filed

with the Complaint on November 2, 1977

attached thereto, as Exhibit "J", (CT 53).

Again, as the result of the above

stated financial Transaction Fact, and

Material Evidence of White Bus Operator

Employees (Caucasian) of Respondent who

continues to perform dual employment;

Petitioner, on July 15, 1977, wrote a

letter to Respondents and requested

reinstatement as a bus operator, as

follows, in Pertinent Part:

"As you are aware, I, Floyd H.

Daniels, have never resigned

as a Bus Operator from the

Southern California Rapid

Transit District.

I am hereby advising the District

that I, Floyd H. Daniels, accept

the offer of reinstatement with

full seniority unimpaired from

the date of my hiring; and, I

be treated and extended the same

privileges as other employees of

the Southern California Rapid

Transit District.

I, Floyd H. Daniels, is hereby

advising the District to make

the offer of reinstatement

effective Sunday, August 14,

1977.

A copy of the above said and stated

/.

letter was filed with the Complaint on

November 2, 1977, attached thereto, as

Exhibit "K", (CT 55); and is filed in the

Appendix, as Exhibit "E", Page #55.

On August 16, 1977, Respondents, in

a letter to Petitioner, denied Petitioner's

request for reinstatement as a Bus

Operator, effective, Sunday, August 14,

1977; thereby, committing a separate and

distinct unlawful Act of racial discrimi-

nation in employment practice. A copy of

this stated letter was filed with the

Complaint on November 2, 1977, attached

thereto, as Exhibit 'M", (CT 63); and is

filed in the Appendix, as Exhibit "G",

Page # 63.

Therefore, as a result of the above

stated Separate and Distinct Unlawful Act

of Racial Discrimination in employment

Practice committed by Respondents on

August 16, 1977, when Respondents denied

Petitioner (Black) His request for rein-

statement as a Bus Operator Employee;

while White Bus Operator Employees

(caucasian) of Respondents continued to

Se dual employment; Petitioner timely

iled a Complaint For Discriminator

Breach Of Reinstatement For Damages And

Payment For Lost Time in the Central

District Federal Court on November 2, 1977,

pursuant to Title 42, U.S.C., Section 1981;

and Title 42, U.S.C, Section 1983. (CT 1).

The above stated Complaint was dis-

missed by a Judgment of the District

Court on the 7th my of February, 1978.

(CT 100), and is filed in the Appendix on

Page #47 .

8.

Within the ten (10) day requirement,

on February 14, 1978, Petitioner filed a

Motion For Reconsideration, pursuant to

Rule IO} Federal Rules of Civil Pro-

cedure; and Demand For Jury Trial, pur-

suant to Rule 38(b), Federal Rules of

Civil Procedure; and Rule 13, United

States District Court, Central District

of California. (CT 106) and (CT 156).

Petitioner's Motion For Reconsid-

eration was denied by a Final Order of

the District Court, filed on the 10th Day

of April, 1978. (CT 163), and filed in

the Appendix on Page #_ 45.

The United States Court of Appeals,

for the Ninth Circuit, in a Memorandum,

filed on March 12, 1980, affirmed the

Final Order of the District Court, filed

on April 10, 1978. This Court of Appeals’

Memorandum is filed in the Appendix on

Page # 41.

Petitioner, timely, filed a Petition

For Rehearing, dated March 21, 1980, in

the United States Court of Appeals for the

Ninth Circuit.

In a Final Order 5! the Court of

Appeals, filed on April 21, 1980,

Petitioner's Petition For Rehearing was

denied. This Final Order by the Court of

Appeals is filed herein the Appendix on

Page #40 .

Whereas, Petitioner Petition For A

Writ Of Certiorari to the United States

Court of Appeals for the Ninth Circuit,

for a Review; and an Opinion by this

9.

United States Supreme Court, reversing

the Final Orders of the lower Courts.

ARGUMENT

Petitioner presents the following

argument in his behalf:

I. PETITIONER'S MOTION FOR

RECONSIDERATION, FILED IN THE

DISTRICT COURT ON FEBRUARY 14, 1978,

MERIT THE PROTECTION OF RULE 59(e),

FEDERAL RULES OF CIVIL PROCEDURE

Petitioner's Complaint was dismissed

by a Judgment of the District Court on the

7th Day of February, 1978; and within the

ten (10) day requirement, Petitioner,

timely, filed his Motion For Reconsiderat-

ion in the District Court on the 14th Day

of February, 1978.

Rule 59(e), as follows:

"Rule 59(e), Federal Rules of

Civil Procedure, Motion to

Alter Or Amend A Judgment. A

Motion to Alter Or Amend The

Judgment shall Be Served Not

Later Than 10 Days After The

Entry Of The Judgment."

The United States Court of Appeals,

Third Circuit, in 1970, held:

"Motion requesting district

court to vacate its order of

10.

ruled:

summary judgment and enter an

order for rehearing and recon-

sideration constituted a motion

to alter or amend a —

under Rule Rule 59(e)."

Sonnenblick-Goldman Sate v. Nowalk,

This United States Supreme Court

"In absence of specific desig-

nation of provision of Federal

Rules of Civil Procedure under

which Motion to Vacate Judgment

is filed, Motion may be treated

as filed pursuant to 59(e),

rather than pursuant to

Rule 60(b)."

Foman v. Davis,

oe s A262).

Petitioner's Present Independent

New Cause of Action With a

Different Claim Is The Result Of

A Separate And Distinct Act Of

An Unlawful Employment Practice

Upon Which Relief Can Be Granted

As a result of Petitioner's visit

to Respondents’ Headquarters on June 21,

1977

at 425 South Main Street, Los

Angeles, California, and presenting a

letter from Respondents to Petitioner,

dated

January 2°, 1971; which was an

agreement providing for the payment of

ll.

$1,098.24; and Respondents' offer for the

reinstatement of Petitioner as a Bus

Operator, Respondents mailed Petitioner

a check, dated June 22, 1977, in the

amount of $1,098.24; which restored

Petitioner's reinstatement Rights, as a

Bus Operator.

As a result of Petitioner's rein-

statement Rights having been restored,

Petitioner, in a letter dated July 15,

1977, requested reinstatement as a Bus

Operator.

When Respondents denied Petitioner's

request for reinstatement in Respondents'

Letter, dated August 16, 1977, Respondents

committed a separate and distinct unlawful

Act of Racial Discrimination in employ-

ment practice; which brought about

a new Cause of Action with a different

Claim, the Discriminatory Breach of

Reinstatement Claim. a

This separate and distinct unlawful

Act of Racial Discrimination in Employ-

ment Practice on August 16, 1977, merit

the protection of the "Jurinko v. Weigand"

Ruling, which states, in pertinent part:

"Tt is clear, however, that the

plaintiffs' reapplication in

June of 1966 represents the

occurrence of an alleged unlaw-

full employment practice, and

consequently this Court is not

without Jurisdiction. See Cox

v. United States Gypsum Co.,

409 F.2d 289 (C.A. 7, 1969),

331 F. Supp. at 1186, n.3.

12.

We are in agreement with the

District court's conclusion,

for there were three separate

and distinct acts, the latter

of which occurred within the

90-day period. Therefore the

90-day statutory period com-

menced to run anew from the

last allegedly unlawful em-

ployment practice."

Jurinko v. Edwin L Wiegand Co.,

414 U.S. 970. (Cert. Granted).

Therefore, as a result of the above

stated committed separate and distinct

unlawful Act of Racial Discrimination in

employment practice on August 16, 1977,

by Respondents; Petitioner, timely, filed

a cheniaint For Discriminatory Breach Of

Reinstatement For Damages An ayment

For Lost Time in the Central District

Federal Court on November 2, 1977,

Pursuant to Title 42, U.S.C., Sections

1981, and 1983, (CT 1-80).

B. The Committed Separate And

Distinct Unlawful Act In

Employment Practice By

Respondents On August 16, 1977,

Violates Title 42, U.S.C.,

Sections 1981, And 1983

As there were White Bus Operator

Employees (Caucasian) of Respondents who

continued to perform dual employment,

while Petitioner (Black) was not permitt-

ed to perform dual employment when

13.

Respondents denied Petitioner's request

for reinstatement as a Bus Operator on

August 16, 1977; brought about and

created a separate and distinct unlawful

Act of Racial Discrimination in employ-

ment practice "y Respondents; which

violates Title 42, U.S.C., Sections 1981,

and 1983.

1. Title 42, U.S.C., Section 1981

"All persons within the Juris-

diction of the United States

shall have the same right in

every State and Territory to

make and enforce contracts, to

sue, be parties, give evidence,

and to the full and equal ene-

fit of all laws and proceedings

for the security persons and

property as enjoyed by white

citizens, and shall be subject

to like punishment, pain,

penalties, taxes, licenses, and

exactions of every kind, and to

nother, R.S. 1977."

This United States Supreme Court

ruled:

"B, Title 42, U.S.C., Section

1981, arigpe the present codi-

fication of one of the centry-

old Civil Rights Acts of 1866,

14 Stat. 27, on the other hand,

on its face relates primarily

to racial discrimination in the

making and enforcement of con-

tracts. Although this court

has not specifically so held,

14.

it is well settled among the

federal courts of appeals --

and we now join them -- that

1981 affords a federal remedy

against discrimination in

private employment on the basis

of race. An individual who

establishes a cause of action

under 1981 is entitle to both

equitable and legal relief,

including compensatory and,

under certain circumstances,

punitive damages. See, e.g.

Caperci v. Huntoon, 397 F,2d

799, (CA1), Cert. denied, 393

U.S. 940 (1968); Mansell v.

Sanders, 372 F.3d 573 (CA5 1967).

And a backpay award under 1981

is not restricted to the two

years specified for backpay

recover under Title VII."

Johnson v. Railway Express

Agency, Gol U.S. 23% C1073).

This United States Supreme Court,

again, ruled in 1976:

"Title 42, U.S.C., 1981 pro-

vides in pertinent part that

all persons within the juris-

diction of the United States

shall have the same right in

every State and Territory to

make and enforce contracts ...

as is enjoyed by white citizens

.+.- We have previously held

where discrimination against

Negroes was in question, that

1981 afford a federal remedy

against discrimination in

15.

private employment on the

basis of race, and respondents

do contend otherwise,"

I McDonald and Raymond L

ra v anta fre Tr rans-

protatio Co et al 9 G27 U.S.

° CLOVE)

2. Title 42, U.S.C., Section 1983

When Respondents denied Petitioner's

request for reinstatement as a Bus

Operator, in Respondents' Letter, dated

August 16, 1977; Respondents, as an

Employer, deprived Petitioner of rein-

Statement under color of State Law.

Title 42, U.S.C., Section 1983:

"Every person who, under color

of any statute, ordinance,

regulation, custon, of usage,

of any State or Territory,

subjects, or causes to be sub-

jected, any citizen of the

United States or other persons

within the th ongghel gan thereof

to the deprivation of rights,

privileges, or immunities secured

bY the constitution and laws,

shall be liable to the party

injured in an action at law,

suit in equity, or other proper

ae a roceeding for redress.

R. ” l 79,

The United States Court of Appeals

for the Ninth Circuit, held:

16,

"Position of defendants as

police officer did not render

them immune from liability

under Civil Rights Act against

charges that Plaintiff had

been refused reinstatement to

his employment as a city life-

ard in retaliation for his

aving exercised his First

Amendment rights by authoring

newspaper articles concerning

certain activities on city

beaches."' Donovan v, Reinbold,

The United States Court of Appeals

for the Ninth Circuit, also held:

"Compensatory damages awardable

in a Civil Rights Act case are

not limited to the out-of-pocket

pecuniary loss suffered by com-

plaint and may be awarded for

emotional and mental distress

caused by intentional tort."

Donovan 7 Reinbold, 433 F.2d

The United States Court of Appeals

for the Fourth Circuit, held:

"This section was designed to

provide comprehensive remedy

for deprivation of constitutional

rights." Smith v. Hampton

at a School for Nurses, 300

. b ] *

Based upon the above quoted Title

42, U.S.C., Section 1981, and Section

17.

1983; and based upon the above quoted

Rulings by the Courts on Section 1981,

and Section 1983; Petitioner is entitled

to have His Day in Court,

C. The Statute Of Limitations In

Petitioner's Present New Cause

Of Action With A Different Claim

Merits The Protection Of

"Jurinko v. Edwin L. Wiegand

Co," Ruling

The United States Court of Appeals

for the Third Circuit, held:

"In Jurinko, this court was pre-

sented with a claim that an em-

ployed, on three separate occas~

ions, had refused to employ two

persons because they were married

women, The employer urged that

because the employment charge

against it was not filed within

the prescribed time after the

initial refusal, the district

court lacked jurisdiction over

the action. This court dis-

agreed, observing that "there

were three separate and distinct

acts, the latter of which

occurred with the (statutory)

period. Therefore (that)

period commenced to run anew

from the last allegedly un-

lawful employment Practice.

477 F.2d at 1042." Masco v.

United Airlines, 574 F.2d 1127,

18,

This United States Supreme Court,

the United States Court of Appeals for

the Third Circuit, ruled:

"Where plaintiffs, two married

women, requested reinstatement

by employer in July , 1965 and

pele arin 7, 1965, one plaintiff

submitted written application

and second plaintiff submitted

similar request on January 10

1966 and in June 1966 plaintiffs

ones sought —e and

filed charges of discrimination

with Equal Employment Oppor-

tunity Commission on July 29,

1966, there were three separate

and distinct acts of discrimi-

nation and 90-day statutory

— commenced to run anew

rom the last allegedly unlaw-

ful employment practice."

urinko v, Edwin L. Wiegand Co.,

. ; an ewe >

(1973). (Cert. Granted).

Therefore, when Respondents, as an

Employer, committed their separate and

distinct unlawful Act of Racial Discrimi-

nation in Employment Practice on August

16, 1977, when Respondents, in a letter,

denied Petitioner's request for rein-

statement; and Petitioner filed a

Complaint For Discriminatory Breach Of

€instatement For Damages An nt

For Lost Time in the Central Discrict

ederal Court on November 2, 1977;

well within the Three-Year Statute of

Limitations provided by the California

Code of Civil Procedure, Section 338(1),

19,

which

is as follows:

"Within three years:

(1) An action upon a

liability created by statute,

other than a penalty or

forfeiture,"

The United States Court of Appeals

for the Ninth Circuit, held:

"Since federal Civil Rights

Acts contain no provision

Limiting time within which

action thereunder may be

brought, applicable period

“ts limitation is that provided

y state," Smith v, Cremins,

308 F.2d 187, (1962).

The United States Court of Appeals

for the Third Circuit, held:

ruled:

"There is no federal statute

of limitations applicable to

1981, and the federal courts

would look to the most nearly

analogous state statute of

limitations." Young v. Inter~

rab On eT Telephone elegraph Co,,

7. y °

This United State Supreme Court

"A. Since there is no speci-

fically stated or otherwise

relevant federal statute of

limitations for a cause of

20,

action under 1981, the controll-

ing period would ordinarily be

the most appropriate one provided

by state law."’ Johnson v. Railwa

ie Agency, 421 U.S. 454,

The United States Court of Appeals

for the Ninth Circuit, held:

"California statute providing

that actions on Lliabilit

created by statute must be

mehr within three years was

applicable to action under

federal Civil Rights Act and

not one-year California

limitations statute." Smith v.

Cremins, 308 F.2d 187, (1962).

Therefore, Petitioner's Present

New Cause of Action, with a different

Claim is not barred by the Statute of

Limitations.

D. The Doctrine Of Res Judicata Is

An Inapplicable Law To Bar

Petitioner's Present New Cause

Of Action With A Different

Claim

When Petitioner, timely, filed his

"Complaint For Discriminatory Breach Of

Reinstatement For Damages And Payment

For Lost Time" in the District Court on

November 2, 1977; Petitioner filed a

Complaint based upon a separate and

distinct unlawful Act of Racial

21.

Discrimination in employment practice;

which brought about and created a

different Claim or Issue, "The Discrimi-

natory Breach of Reinstatement Claim, or

Issue''; which has never been litigated,

or adjudicated by the Courts in any of

Petitioner's prior cause of actions.

Petitioner's discharge was not

final and binding upon the parties be-

cause Respondent ignored Petitioner's

Union's written request for an Arbitration

Board Hearing in accordance with the then

Written Contract, which specified, in

pertinent part:

"and the majority decision of the

Board shall be final and binding."

Therefore, as a result of Petit-

ioner's Discharge not being final and

binding upon the parties; Petitioner filed

a Petition For Writ of Mandate in the

Los Angeles County Superior Court in

November, 1971. en Petitioner filed

his Petition For Writ of Mandate in the

Superior Court, Petitioner could not, and

did not alledge Racial Discrimination

ecause of Petitioner's Race; because

Petitioner could not, and did not produce

any evidence of any employees of Respond-

ents who were bus operators and perform-

ing dual employment; rg Petition-

er diligently searched for this dual em-

ployment evidence, As Petitioner was

demanding a Right to perform dual employ-

ment which was more then what other bus

operators were performing; Petitioner's,

because of his Race, could not, and did

not alledge Racial Discrimination, and

22.

ask the State Courts for more Rights then

that "as enjoyed by white citizens".

Therefore, when the State Courts

issued their Ruling of Summary Judgment,

the above State Court did not rule on

any unlawful Act of Racial Discrimination

in employment practice by Respondents.

The above stated State Court Ruling

Document is in the Clerk Transcript, as

Exhibit "A", "B", pages 126, and 128,

will also substantiate that the State

Courts did not rule on any unlawful Act

of Racial Discrimination in employment

practice by Respondents in issuing their

Rulings on Summary Judgment.

The Memorandum filed herein the

Appendix on page # 41, in which the

Court of Appeals filed on March 12, 1980;

page #2, starting at line #29, states:

"We have considered whether the

court properly dismissed the

action on the Transit District's

motion of summary judgment."

Exhibit "A'', of the Appendix, on

page #49, which is a Final Order of the

Federal District Court, filed June 12,

1975, in Petitioner's prior Cause of

Action will substantiate that Respondents

withdrew their Motion For Summary Judgment,

which states as follows, in partinent

part:

"and Defendants withdrawing

their Motion for Summary

Judgment."

rk

. The above quoted Exhibit "A", in

pertinent part, filed herein the Appendix

is, also, filed in the Clark's Transcript

. as Exhibit "F", page #141, sent to the

Court of Appeals, in Petitioner's Appeal

to the Court of Appeals.

Petitioner and his Attorney hoping,

and believing that materal evidence of

racial discrimination in dual employment

practice by Respondents could be found,

filed a "Compliant For Discriminator

Breach Of Contract For Damages" in the

Federal District Court on February 28,

1975, but Petitioner and his Attorney

could not find, or produce any evidence

of Racial Discrimination in dual employ-

ment practice by Respondents before the

Federal District Court entered the Final

Order on June 12, 1975. The prospect of

finding this Material Evidence was so

bleak, Petitioner's Attorney resigned

from the Case.

Petitioner's continued hard, sincere,

and diligent work finally paid off, when

Material Newly Discovered Evidence of

Racial Discrimination in dual employment

practice by Respondents when Petitioner

was discharged by Respondents; was dis-

covered on September 29, 1975, by a tele-

phone call from a Person, unknown until

this date.

Petitioner filed a Motion to Vacate,

and an Amended Complaint in the Federal

District Court on December 15, 1975,

pursuant to Rule 60(b)(2), and Rule 15,

Federal Rules of Civil Procedure, which

: is within one (1) year of the above

24.

stated June 12, 1975, Final Order of the

District Court,

Rule 60(b)(2), Federal Rules of

Civil Procedure, in pertinent part:

"The motion shall be made

within a reasonable time, and

for reasons (1), (2), and (3),

not more than one year after

the judgment, order, or pro-

ceeding was entered or taken,"

Petitioner's above stated prior

Cause of Action was time barred by the

California Statute of Limination, Code

338(1), in the District Court's Final

Order on January 14, 1976.

Therefore, based upon the above

stated Final Order; the District Court

ruled that Petitioner's prior Cause of

Action was not within the jurisdiction

of the Federal Court; and therefore, the

Federal District Court could not, and

did not adjudicate, or litigate a Claim

or a separate and distinct unlawful Act

of Racial Discrimination in emplcyment

practice when Respondents discharged

Petitioner, as a Bus Operator.

Petitioner did not file his present

Complaint in the District Court on

November 2, 1977, in this present Cause

of Action based upon the above stated

separate and distinct unlawful Act of

Racial Discrimination in employment

practice when Respondents discharged

Petitioner as a Bus Operator.

25.

There is one (1) important pertin-

ent fact that happen in Petitioner's

present New Cause of Action, with a

ditferent Claim, or Issue, after Petit-

ioner's prior Cause of Action had termi-

nated in the Courts; that did not happen

in "Scoggin v. Schrunk, 552 F.2d (9th

cir. » cert denied, 423 U.S. 1066

(1976); United Airlines v. Evans, 431

U.S. 555 ; and, Masco v., United

574 F.2d 1127 (3rd Cir. 1978)"; in which

the Court of Appeals cited to bar this

present New Cause of Action.

However, these above stated cited

Cases do not bar this present New Cause

of Action at all, because of the one (1)

important pertinent fact, as follows:

1. The Independent Financial

Transaction in the form of a check dated

June 22, 1977, in the amount of $1,098.24;

which was paid to Petitioner by Respond-

ents, as part of an agreement for the

reinstatement of Petitioner, as a Bus

Operator; and, in accordance with this

Written Letter of Agreement, Exhibit "B"

herin the Appendix on page # 51 ; it

restored Petitioner's Reinstatement

Rights, while continued dual employment

was being performed by White Bus Operator

Employees (Caucasian) of Respondents,

while Petitioner (Black) was not permitt-

ed to perform dual employment by Respond-

ents.

The above stated Financial Trans-

action paid to Petitioner by Respondents

triggered the creation of a separate and

distinct unlawful Act of Rac’.al Discrimi-

26.

nation in employment practice by Respond-

ents; because as a result of this

Financial Transaction, Petitioner wrote

a letter, July 15, 1977, to Respondents,

and requested reinstatement as a Bus

Operator.

On August 16, 1977, Respondents

in a letter, dated August 16, 1977,

denied Petitioner (Black) his request

for reinstatement as a Bus Operator;

while White Bus Operator Employees

(Caucasian) of Respondents continued to

perform dual employment; which created

a separate and distinct unlawful Act of

Racial Discrimination in employment

practice by Respondents.

The two aforestated separate and

distinct unlawful Acts of Racial Discrim-

ination in employment by Respondents are

not one and the very same.

ype as aforequoted, this United

States Supreme Court, and the United

States Court of Appeals for the Third

Circuit, ruled:

"It is clear, however, that

the plaintiffs' reapplication

in June of 1966 represents the

occurrence of an allege unlaw-

ful employment practice, and

consequently this Court is not

without Jurisdiction. See Cox

v. United States Gypsum Co.,

331 F. Supp. at 1186, n.3.

We are in agreement with the

District Court's conclusion,

for there were three separate

av

and distinct acts, the latter

of which occured within the

90-day period. Therefore the

90-day statutory period com-

menced to run anew from the

last allegedly unlawful em-

ployment practice." Jurinko v.

Edwin L, Wiegand Co., 477 F.2d

1038 (1973); 414 U.S. 970.

Based upon the above quoted Ruling

by the Courts, when Respondents, in

their Letter, dated August 16, 1977,

denied Petitioner's request for rein-

Statement as a Bus Operator; Respondents

committed a separate and distinct unlaw-

ful Act of Racial Discrimination in em-

ployment practice on August 16, 1977; which

poe a about, and created a separate and

distinct Claim, or Issue, The Discrimi-

natory Breach of Reinstatement Claim, or

ssue,

Therefore, when Petitioner, timely,

filed his Complaint For Discriminator

Breach of Rienstatement For Damages And

Payment For Lost Time, in the Fotcral

District Court on Nevember ay anee, Of

a result of a separate and distinct un-

lawful Act of Racial Discrimination in

employment practice by Respondents on

August 16, 1977; which created and

ner fi about a New Cause of Action, with

a different Claim, or Issue that has

never been Adjudicated, or Litigated by

the Courts in Petitioner's prior Cause

of Action.

The United States Court of Appeals

for the Fifth Circuit, held;

28,

"Identity of parties, of

subject-matter, and issues,

are the essential elements

of Res Judicata, and the

absence of any one thereof

is fatal to a plea under

such Doctrine.'' Iselin v.

C,W, Hunter Co., 173 F.2d 388

CS ee:

The United States Court of Appeals,

for the Tenth Circuit, held:

"Doctrine of res judicata

requires identity of issues

as between cases involved."

rantee Acceptance Cor Vv.

elit rt e Investors,

The United States Court of Appeals

for the Fifth Circuit, held:

"For res judicata to apply

there must be wg hy

both parties and issués.

Miller et al. v. Meinhard-

ommerc or

52).

The Court of Appeals states in its

Memorandum, filed March 12, 1980, on page

#3, paragraph #3, starting at line #9,

the followings:

"The state court judgment

based on the Transit District's

motion for summary judgment

and the prior federal district

court's judgment based on the

29.

Transit District's motion to

dismiss on the ground that

Daniels' claim was time barred

were both judgments ‘on the

merits,"

Very surely the above stated judg-~

ments were on the merits, but very surely

the above stated judgments did not

adjudicate, or patigate the Claim, or

ssue in Petitioner's present New Cause

of Action with a different Claim, or Issue,

The Discrimi ory Breach of Reinstate-

ment Claim Tssue Tr, upon a separate

and distinct unlawful Act of Racial Dis-

crimination in Employment Practice when

Respondents on August 16, 1977, denied

Petitioner's request for reinstatement

as a Bus Operator,

The above statement appear to be

very much supported by two (2) Rulings

by this United States Supreme Court, in

regard to a New Cause of Action, with a

different Claim,

This United States Supreme Court

Ruled:

"In a subsequent action between

the same parties on a different

claim, a judgment is conclusive

only as to the point or question

actually litigated and determined

in the original action, not as

to what might have been liti-

ated and determined." United

tates v. International Building

O.; “ o .

30,

Court

Again, this United States Surpreme

Ruled:

"Where the second cause of

action between the parties

is upon a different claim

the prior judgment is res

Jacke not as to the

ssues which might have

been tendered but only as

to those upon the determi-

nation of which the finding

or verdict was rendered,"

SRB Corps Ys Mid-Continent Co.,,

Therefore, the Doctrine of Res

Judicata is an inapplicable Law to bar

Petitioner's Present New Cause of Action

With a Different Claim; as the Doctrine

does not bar this present new Cause of

ction with a different Claim.

II,

WHY THIS UNITED STATES SUPREME

COURT SHOULD REVIEW PETITIONER'S

PRESENT NEW CAUSE OF ACTION UPON

A DIFFERENT CLAIM; AND REVERSE THE

DECISIONS OF THE LOWER COURTS

Article 3, Section 2, Clause 1,

Of The United States Constitution

Provides This Supreme Court With

Judicial Power And Authority To

Review And Issue Opinions In Causes

Of Actions Unlawfully sane taee

Title 42, U.S.C., Sections 1981 And

1983; And The 14th Amendment

31.

Title 42, U.S.C., Section 1981

and 1983, aforequoted in this "Petition

For A Writ Of Certiorari", are two (2)

Federal Statutes that have been —

and adopted by the Congress of the

of America.

Article 3, Section 2, Clause 1, of

the United States Constitution provides

this United States Supreme Court with

ope ae power and authority to Review

auses of Actions, and Issue Opinions on

the unlawful violations of Title 42,

U.S.C., Sections 1981, and 1983 Statutes,

and the 14th Amendment of the United

States Constitution, by ensuring all

Citizens of the United States of America

the protection of their Endowed Equal

Knots. which also, includes Floyd H,

Daniels, A Natural Born United States

Citizen, and the Petitioner in this

present new Cause of Action upon a differ-

ent Claim, which is the result of an

independent Financial Transaction on

June 22, 1977, from Respondents to

Petitioner, that triggered the creation

of a separate and distinct unlawful Act

of Racial Discrimination in Employment

Practice committed by Respondents on

August 16, 1977, when Respondents denied

Petitioner's Written Request for rein-

Statement as a Bus Operator; which result-

ed into a Complaint that was timely filed

by Petitioner in the Federal District

Court on November 2, 1977; was timely

filed to the Court of Appeals; and now,

has timely been Petitioned to this United

States Supreme Court for a Review, and

An Opinion issued by this United States

Supreme Court,

32.

Article 3, Section 2, Clause 1, o°

the United States Constitution States,

as follows:

"The judicial power shall ex-

tend to all cases, in law and

equity, arising under this con-

stitution, the laws of the

United States, and treaties

made, or which shall be made

under their authority; to ali

cases affecting ambassadors,

other public minister and

consuls; to all cases of ad-

miralty and maritime juris-

diction; to controversies to

which the United States

shall be a party; to con-

troversies between two citi-

zens of different states;

between citizen of the same

State claiming Lands under

grants of different states,

and between a state, or the

citizens thereof, and foreign

States, citizens, or subjects."

B. The District Court, And The

Court Of Appeals Have Denied

Petitioner The "Due Process Of

Law" And "Equal Protection Of

The Laws"

The District Court improperly

denied Petitioner's 'Motion For Recon-

sideration" in a Final Order; and the

United States Court of Appeals for the

Ninth Circuit have ignored and knowingly

33.

failed to address it itself to the

"Financial Transaction Fact", in the

form of a check in the amount of $1,098.24,

dated June 22, 1977, paid to Petitioner

by Respondents, as part of an agreement,

which restored Petitioner's Reinstatement

Rights as a Bus Operator; in the Court of

rage Memorandum, filed on March 12,

1980, Affirming the District Court's

Final Order.

The above stated "Financial Trans-

action Fact" is filed herein the Appendix,

Exhibit "C" on page #52 ,

Also, the above stated "Financial

Transaction Fact" was filed hereto, with

Petitioner's Complaint, and referred to

in Petitioner's Opening Brief, as "(CT 52)!'

Petitioner, also, filed the

"Financial Transaction Fact" attached

herewith, as an Exhibit "A", in Petition-

er's "Petition For Rehearing"; and stated

the followings, in pertinent part:

"This Financial Transaction

Fact has been over Looked by

this Court; and this Court has

failed to address itself to

this Financial Transaction Fact

in this Court's Memorandum,

filed on March 12, 1980; which

impose an injustice by this

Court, to Appellant, as a

Citizen of these United States

of America."

Therefore, the Court of Appeals

have ignored, and have knowingly failed

34,

to address itself to this ''Financial

Transaction Fact" by filing a Final Order

on April 21, 1980, “The petition for

rehearing is denied"; which has imposed

ar rp pada by the Court of Appeals in

Petitioner's Present New Cause of Action

upon a different Claim; and, Petitioner,

as a Natural Born Citizen of these

United States of America,

As a result of the above stated

injustice that was imposed by the Court

of Appeals to Petitioner's Present New

Cause of Action upon a different Claim;

and Petitioner, as a Natural Born Citi-

zen of these United States of America;

the Court of Appeals unjustly ruled the

the followings:

1. There was no separate and

distinct unlawful Act of Racial Discrimi-

nation in employment practice committed

by Respondents on August 16, 1977.

2. Petitioner's Present New Cause

of Action upon a different Claim is

barred by the Doctrine of Res Judicata.

3. Petitioner's Present New Cause

of Action upon a different Claim is

barred by the Statute of Limitations.

Therefore, based upon the above

stated unjust ruling by the United

States Court of Appeals for the Ninth

Circuit, the Court of Appeals has denied

Petitioner, A Natural Born Citizen of the

United States of America, the "Due Process

of Law"; and "Equal Protection of the

Laws", as precribed by the 14th Amendment

i)

of the United States Constitution, which

states as follows:

"All persons born or natura-

lized in the United States,

subject to the jurisdiction

thereof, are citizens of the

United States and of the state

wherein they reside."

"No state shall make or en-

force any Law which shall

abridge the privileges or

immunities of citizens of

the United States, nor shall

any state deprive any person

of life, liberty, or property

without due process of law,

nor deny to any person within

its jurisdiction the equal

protection of the laws."

CONCLUSION

Petitioner has stated a Claim upon

which Relief can be granted in this

present new Cause of Action upon a differ-

ent Claim,

The above statement is supported

by three (3) important pertinent facts,

as follows:

1, There was a separate and distinct

unlawful Act of Racial Discrimination in

Employment Practice committed by Respond-

ents on August 16, 1977.

36.

2. Petitioner's Present New Cause

of Action upon a different Claim, is not

barred by the Doctrine of Res Judicata.

3. Petitioner's Present New Cause

of Action upon a different Claim, is not

barred by the Statute of Limitations.

Therefore, there has been a

"Manifest Abuse of Discretion", committed

by the Lower Courts; and, Petitioner's

Motion For Reconsideration, pursuant to

59(e), Federal Rules of Civil Procedure;

and, Petitioner' s Demand For Jury Trial,

pursuant to Rule 38(b), Federal kules of

Civil Procedure; both filed in the

Federal District Court on February 14,

1978, should be granted by this United

States Supreme Court.

WHEREFORE, Petitioner respectfully

petition the United States Supreme Court

to Review Petitioner's Present New Cause

of Action Upon A Different Claim; and

Reverse the Final Orders of the lower

Courts, by issuing an Opinion that

Petitioner's Motion For Reconsideration;

and Demand For A Jury Trial, be so

granted; and Remand this present new

Cause of Action upon a different Claim,

to the District Court for futher pro-

ceedinge consistent with this United

States Supreme Court's Opinion.

DATED: June 6, 1980.

Respectfully submitted,

FLOYD H, DANIELS

In Propria Persona

37.

IN THE

SUPREME COURT OF THE UNITED STATES

October Term, 1979

No.

FLOYD H, DANIELS,

Appellant and Petitioner,

vs.

SOUTHERN CALIFORNIA RAPID TRANSIT

DISTRICT, a public coporation;

and JACK R, GILSTRAP, as General

Manager of the SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT,

Appellees and Respondents.

APPENDIX

A. JUDGMENTS AND FINAL ORDERS

1. Court of Appeals' Final Order, filed,

April 21, 1980, page #40 .

2. Court of Appeals’ Memorandum, filed,

March 12, 1980, page #41.

3. Federal District Court's Final Order,

38.

ll.

filed April 10, 1978, page #45.

Federal District Court's Judgment,

entered February 7, 1978, page #47.

B, EXHIBITS

Exhibit "A", Federal District Court's

Amended Judgment (Final Order), filed

June 12, 1975, page #49.

Exhibit "B", A Letter of an agreement

for Reinstatement, Page #51,

Exhibit "C'', A Photostat Copy of a

Check, dated June 22, 1977, from

Respondents to Petitioner. Page #52.

Exhibit "D", A Letter, June 25, 1977,

from Petitioner to Respondents.

Page #53.

Exhibit "E", A Letter, dated July 15,

1977, from Petitioner to Respondents,

Requesting Reinstatement. Page#55.,

Exhibit "F", A Letter, dated August

15, 1977, from Petitioner to Respond-

ents. Page #61.

Exhibit "G", A Letter, dated August

16, 1977, from Respondents to

Petitioner, in which Respondents

denied Petitioner's Request for

Reinstatement. Page #63.

39.

so oeo7.06UcnrtmUCH

32

ott SSP beere

Mbt

| FILED

UNITED STATES COURT OF APPEALS appa 4 iggy

FOR THE NINTH CIRCUIT

RICHARD H. DEANE

CLERK, US. COURT OF APPEALS

FLOYD H. DANIELS,

Plaintiff-Appellant,

vs. No. 78-2007

SOUTHERN CALIFORNIA RAPID

TRANSIT DISTRICT, a public

corporation; and JACK R.

GILSTRAP, as General Manager

of the Southern California

Rapid Transit District,

—_— =. SP ‘ee ce sr ee ee

°o

=

0

™

=

Defendants-Appellees,

Before: TRASK and FLETCHER, Circuit Judges, and

SOLOMON,* District Judge

The panel as constitutes in the above case has

voted to deny the petition for rehearing.

Theypetition for rehearing is denied.

40.

*Honorable Gus J. Solomon, Senlor United States District

Judge for the District of Oreyon, sitting by designation.

rr er ee ed

FILED

UNITED STATES COURT OF APPEALS ‘AR 4 2 1980

CLERK, US COURT UF APPEALS

FLOYD H, DANIELS,

Plaintiff-Appellant,

No, 78-2007

vs.

SOUTHERN CALIFORNIA RAPID

TRANSIT DISTRICT, a public

corporation; and JACK R,

GILSTRAP, as General Manager

of the Southern California

Rapid Transit District,

MEMORANDUM

Defendants-Appellees.

a a ee ee ee ee te

Appeal from the United States District Court

for the Central District of California

.

Before: TRASK and FLETCHER, Circuit Judges, and

SOLOMON,* District Judge

4

Floyd H. Daniels, a black man, was a bus driver for the

Southern California Rapid Transit District (Transit District).

In April 1970, he was discharged after a hearing for violating

company rules on unauthorized dual employment and for falsify-

ing sick reports, These matters came to light as a result of

an investigation by the Transit District when he was arrested

for the attempted rape of a passenger on his bus, a charge on

which he was acquitted.

In November 1977, Daniels filed the pro se action against

the Transit District and its general manager (appellees) which

is now before the court. In it he contends, as he had in two

prior actions, that because of his race he was terminated, He

again sought reinstatement and damages for having been

* Honorable Gus J. Solomon, Senior United States District

Judge for the District .of Oregon, sitting by designation,

4X.

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wrongfully discharged in 1970,

The appellees filed a motion to dismiss on the ground

that under the doctrine of res judicata the adverse judg-

ments in the two prior actions barred Daniels from maintain-

ing this action and on the further ground that this action

was barred by the statute of limitations.

The district court granted the motion and ordered

the complaint dismissed on the ground that the judgment

against Daniels in the prior district court action barred

the present action on the doctrine of res judicata. Shortly

thereafter, Daniels filed a motion to reconsider [Civ. R.

59(e)] the ruling and judgment. On April 10, 1978, the

district court denied the motion for reconsideration and

again "ordered, adjudged and decreed that plaintiff take

nothing by his complaint."

Daniels appealed from that order.

The standard of review on a Rule 59(e) motion is

whether there was a manifest abuse of discretion. Walker

v. Bank vf America, 268 F.2d 16, 25 (9th Cir.), cert.

denied, 361 U.S. 903 (1959).

Pleadings in civil rights actions must be libera ly

construed, Thomas v. Younglove, 545 F.2d 1171 (9th Cir.

1976), particularly when brought pro sec. Haines v. Kerner,

404 U.8. $19 (1972).

Even with this standard, our review of the record

shows no abuse of discretion in the denial of the motion

Moreover,

to reconsider. /we reject appellees' contention that we are

limited to that issue. We have considered whether the

court properly dismissed the action on the Transit District's

motion for summary judgment.

2.

42.

1 Daniels contends that the present action encompasses |

2 matters outside the scope of the prior state and federal |

3 actions and that his claim is therefore not identical with

4 that set forth in the prior actions.

5 Daniels sought the same kind of relief in each

6 action he filed. All of them arose out of the same set

7 of facts culminating in the termination of his employment

6 by the Transit District in 1970.

° The state court judgment based on the Transit District's,

" motion for summary judgment and the prior federal district

court's judgment based on the Transit District's motion to |

” dismiss on the ground that Daniels' claim was time barred

- were both judgments on the merits. |

- Where a claim is based on the same asserted wrong

16 that was the subject of a prior action, and where the

7 parties are the same, res judicata will har the subsequent |

18 action because a prior judgment on the merits will not only

19 bar evcry claim that was raised in the prior action but

20 will also preclude every other legal theory or ground for

21 recovery that might have been asserted. See Scoggin v. |

22 Schrunk, 552 F.24 436 (9th Cir. 1975), cert. denied, 423 U.S. |

93 1066 (1976).

24 There is no merit in Daniels’ attempt to overcome the

25 running of the statute of limitations by asserting that the

26 Transit District's refusal to meet his 1977 demand for ;

a7 unconditional reinstatement constitutes grounds for a new

2 claim. A request for reinstatement does not revive an

29 earlier claim based on a discriminatory termination, |

Sy particularly when the earlier termination was held to be

$1 lawful. United Airlines v. Evans, 431 U.S. 555 (1977);

32

e512. 100n-o001 43

Masco v. United Airlines, 574 F.2d 1127 (3rd Cir. 1978).

AFFIRMED.

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STEVEN D. WEINSTEIN a tenner»

Attorneys for Defendants - ee oe AFR 40 1973

SOUTHERN CALIFORNIA RAPID P seats

TRANSIT DISTRICT and JACK R. | ats BR SS

GILSTRAP br) ‘1 . vy Bedtets “sat

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

FLOYD H. DANIELS

Plaintiff Civil No. 77 4103-AAH

vs. 4 ORDER

SOUTHERN CALIFORNIA RAPID

TRANSIT DISTRICT, a public

corporation; and JACK R,

GILSTRAP, as General Manager

of the SOUTHERN CALIFORNIA

RAPID TRANSI' DISTICT,

Defendants.

The Motion of the Pluintiff, FLOYD Il. DANIELS, to Alter

or Amend Judgment, designated by the Plaintiff as a Motion for

Reconsideration, duly and regularly came on for hearing before

the HONORABLE A. ANDREW HAUK, District Judge, on the 27th day

of March, 1978, the Plaintiff appearing in propria persona, and

the Defendants appearing by their counsel, MUSICK, PURLER & GARRETT

by STEVEN Db. WEINSTEIN, and the Court having considered tho

Plaintiff's ‘iotion for Reconsideration of tha Judqment enteret? on

Vebruary 7, 1973, and the caso having been fully argued, and

ge

3 S47

; 45. Page #1 A,

nd YP HY YP HY ee ~~ ~

ee

MUGICK, PFELER

@ GARACTT

eo ert owe wd

a having been submitted, and the Court heaving found that

the Motion for Reconsideration raises no new matters and is

without merit, and the Court having found that Defendants’ Motion

to Dismiss the Complaint for Failure io State a Claim Upon Which

‘Relief Can Be Granted was properly granted, and the Court having

advised and cautioned the Plaintiff regarding provisions

imposing sanctions for vexatious litigation, including Local

Rule 3(i) of the United States District Court of the Central

District of California:

IT IS ORDERED, ADJUDGED AND DFCFERD, that Plaintiff's

Motion for Reconsideration be denied;

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that

Plaintiff take nothing by his Complaint on file her ye

DATED: Los Angeles, California, this fom. day of

Mpid in

| 46. 164

co onv aaek}a«aewe ew .

~ ww ve» YY

SE&Seteee €

18 |

MUSICK, PEELER & GARRETT

ATTORNEYS AT LAW

Los pa ap eg ry a ‘ “4 FE I L E D

TeLernone (213) 629-9328 NN , A

STEVEN D. WEINSTEIN Ory 274 FER G Wis

Attorneys tor Defendants . ;

. SOUTHERN CALIFOKUIA RAPID CLERK, US G.sia oT COURT

TRANSIT DISTRICT and JACK R.

GI\USTRAP Q

yay

* UNITED STATES DISTRICT COURT FEB 7 1978

CENTRAL DISTRICT OF CALIFORNIA YG ray U.S. flSIebce COURI

ENTRAL = CAL ORR

Civil No. 77 4103-A\n

FLOYD H. DANIELS

Plaintiff

vs. JUDGMENT

SOUTHERN CALIFORNIA RAPLD

TRANSIT DISTRICT, a public

corporation; and JACK R,.

GILSTRAP, as General Manager

of tne SOUTIIERN CALIFORNIA

RAPID TRANSIT DISTRICT,

Defendants.

The Motion of the Defendants, SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT and JACK &. GILSTPAP, duly and regularly

came on for hearing before the IIONORABLE A. ANDREW HAUK, District

Judge, on tiie 23rd day of January, 1973, the Plaintiff appearing

in propria persona, and the Defendants apecaring by their counsel,

MUSICK, PEELER & GARRETT by SYTRVEN D. WEINSTEIN, and the Court

having considered the Defendants’ Motion to Dismiss the Complaint

for Failure to State a Claim Upon Waica volic! Can 3e Granted

and oticr matters submitted to the Court in connection with said

a Cochatee oys “A

eS rates PS 47. Page #1 109

“12. 156

eqPtnline DiSiRick CF CALeCo A

bepuly

SS ee

oo N*M foo f&® &@ tS KY

~

- Oo

12

MUCICK, PLELER

@ GARNLTT

Motion, and the case having bren fully argued, and the matter

having been submitted, and tne Court having found that the

Complaint fails to state a claim upon which relief can be

granted in that Plaintiff's claims are barred by the doctrine

of res judicata by the prior court action of Floyd H. Danieis

v. Southern California Rapid Transit District, et al., No. CV

75 290 EAC, and the Court having found it unnecessary to maxe

a determination based on the other grounds presented by the

Defendants’ Motion:

IT IS ORDERED, ADJUDGED AND DECRIED, that Defendants’

Motion be granted;

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that

Plaintiff take ngthing by his Complaint on file herein.

DATED: Los Angeles, California, this 4 day cf

rng

Pata: 1978.

Sf! 62 tht

JUDGE,” UNITCD STATES DISTRICT COURT

-2-

48.

--

Py

Necketes =f

ee:3 aoe uw ft Oe

10

20

em 314 expr Py3

Zi

ip antese $008 49, Exhibit _"

\ 57-2 7. a < :

MUSICK, PCFLER & GARRETT

PP eso NEvS aTiaw oy.

* wievere ot

toe anc’. how. GAunc nas ‘ soot? nN INTN

Teservont (209) 629.3922 By ot ae

MICBAEL W. CONLON :

Attorneys for Defendants JUN 1085

FILED

gun 12 1975

-

OO, US Crier coir

Png os este st eaer . CANTAAL Gistaitn C+ Ca Ota

, a

‘ a O say | fh Neon

. . °

r oa EN T ft

UNITED STATES DISTRICT COURT ercr

CENTRAL DISTRICT OF CALIFORNI-, ayy yr

vee 12975

.

FLOYD H. DANIELS,

, Plaintiff,

vs. NS. CV 75 290 EAC

SOUTHERM CALIFORNIA RAPID

TRANSIT DISTRICT, @ puvlic

Corporation, ct al.,

” AMENDED JUDCHINT

Defendants.

The Motion of the Plasntiff£, FLOYD H, DINIELS, to vacate

Judgment and the Motion for Summary Judgment of Defendants

SOUTHER CALIFORNIA RAPID TRANSIT DISTRICT and JACK R. GCILSTRAP,

@uly and regularly came on for hearing before the Honorable E.

Avery Crary, District Judge, on the 9th day of Junc, 1975, the

Plaintif€£ appearing by his counsel, McSherry ar.d Dickey, and the

Defendants appearing by their counsel, Musick, Pecler anu Garrett,

and the Court having considered the Plaintiff's Motion to Vacate

Judgment, and the case having been fully argued, and the matte:

having been sutmitted, and Ocfendants withdrawing their Motion for

Summary Judgrent and the Court having fcund that that portion of

Plaintif££'s Co: plaint brought pursuant to 42 U.5.C. Section 1933

is an action brought under Statute which Section recuires an

] action brought purcuant therety to alicce a racial discrininaticr.

and that Plaintiff dees not allese racial ciserims ration, anc the

P wT

ee ee ee

oowzteeesweun

Court having found that the Plaintiff's acticns brought pursuant

te 42. U.S.C. Section 1931 and 42 U.S.C. Section 1983 failed to

state a claim upon which relieZ can be granted in that Plaintiff's

claims arc barred by C.C.P. 339(1):

IT IS ORDERED, ADJUDGED AND D=CREZD, that Plaintiff's Motion

to Vacate Judgment be denied;

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Plaintiff

take nothing by his Complaint on file herein.

DATED: Los Angeles, California, this (tye day of June,

1975.

. , £4... Beas ay ow

jee, Taye * fi PIs. 11CT COURT

; /

Part of

50. Exhibit, "A"

¢%

ESD LD SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT

1060 SOUTH BROADWAY + LOS ANGELES. CALIFORNIA 90015 + TELEPHONE (213) 749 6977

JACK R. GILSTRAP

eemanaL wanneee

January 28, 1971

REGISTERED MAIL

RETURN RECEIPT REQUESTED

Mr. Floyd H. Daniels

4650 Coliseum Street - Apt. #1

Los Angeles, California 90016

Dear Mr. Daniels:

This letter will inform you that agreement has now been reached

between Southern California Rapid Transit District and United Transportation

Union, pursuant to the terms of which the District is to (1) compensate you

for the period June 20 through July 18, 1970, plus accrued vacation time,

and (2) offer to you reinstatement upon the conditions that such offer be

accepted within five days after receipt of this letter and that you sever your

employment by the Los Angeles City School System,

We accordingly enclose a check payable to your order in the amount

of $1,098.24, representing the above mentioned compensation after appro-

priate deductions, In addition, we hereby offer you reinstatement upon the

conditions above specified, which are that you accept the offer and scver

your School System employment within the permitted five-day period. Your

failure to comply with these conditions during such five-day period will,

of course, automatically result in the permanent loss of any reinstatement

rights on your part.

Very truly yours,

SOUTHERN CALIFORNIA

RAPID TRANSIT DISTRICT

e//2 4G

ons

Enclosure

cc: Mr. Earl R. Clark

General Chairman

United Transportation Union

51. Exhibit "B"

SERVING 2.260 SQUARE MILES OF SOUTHE, CALIFORNIA

en ie. ' Souther Califarata : a

215228 . RAPID TRANSIT DISTRICT 0 ow -

4 ; r x : ' "= * LOS ANGELES, CALIFORNIA i ; 16-104

sete elas og ty" SPURATION FUND ae sf

") qmpeeeie @epenee B's Se Ne tag

F.H. DANIELS | 965228 jodz2p7 | |S *«1098, 24| ©

‘ 4650 COLISEUM ST., APT, 1 . ;

LOS ANGELES, CA, $0016) 2 ee |

et? pees Aa te . : ASSISTANT TREASURER

Miwh pf Amecten Eeicuseataas io" OF De C7 >

gas Ree ie i ed dete on acter ©

¥ e2ys226r. Sha romaine {00049 4"a0 Ske TEE Bt Nig STEPS

— Te

.

romans GOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT

475 SOUTH MAIN, LOS ANGELES, CALIFORNIA 90013

REMITTANCE ADVICE

acai wo. 83877

FM. DAUIELS 065228 062277 #1098, 24

4659 COLESCUN ST., APT. 9 $

LOS AUGELES, CA. $0016

" ;

INVOICE O'IsTRIBUTION

oarrT oare vOuR HO avount acill Kalb Hoel UNIT pac cOunet AMOUNT cn

TO REPLACE ACCOUNT ;

STALE DATE, PAYROLL

ACCOUNT SPECIAL

CHICK NO,| 0309681

ISSUED PAYABLE TO

YOU'R| ORDER ON 1-28-1971

1098 24 1990 | 10939 24

52. Exhibit ''c"

Floyd H. Daniels

4650 Coliseum Street, #1

Los Angeles, California 90016

June 25, 1977

Telephone (213) 296-4588

Mr. John S, Wilkens, Manager of Exployee Relations

Southern California Rapid Transit District

425 South Mein

Los Angeles, California 90013

Deer Sir:

As « result of my visit to the Southern California Rapid Transit District

Headquarters at 425 South Main on June 21, 1977; I, Floyd H, Daniels, received

on June 24, 1977, a eheck from the District in the amount of $1,098.24, as

part of an agreement between the Southern California Rapid Transit District

and United Transportation Union in a letter to me on January 28, 1971, The

letter is inclosed, '

ter

I want to thank you for the kind and friendly service I recieved on my visit

to the District Headquarters, It was great’,

4

As you know, another check for the same anount above vas sent to me vith the

Anclosed letter on January 28, 1971; and, on tho advice of my Attorney, this

check vas roturned to your Headquarters in a letter by my Attorney at the time

on february 27, 1971.

In paragraph number one of the inclosed letter from the District dated January

28, 1971, there vere two (2) ayreements; and the District only complied with the

number (1) agreement vhen the District sent mo the check dated Jue 22, 1977.

The two (2) agreomente are:

"(1) Compensate you for tho period June 20 through July 18, 1970,

plus accrued vacation tine."

For the above, this is the check in the amount of $1,098.24, tho District sent

to me dated June 22, 1977.

*(2) Offer to you roinstatenent upon the conditions that such

offer be accepted within five days after receipt of this letter

and that you sever your employuent by the Loe Anyeles City School

Systen." °

Since the District bas complied with agreement mmber (1), I am now asking the

District to kindly consider the number (2) part of the agreenent with modifications,

The modifications are that the District consider striking the follovings from

23. Exhibit “—”

-l-

agreement (2), which is, "and that oynent by the Los

jngeles City School Systexi,® a 7

I am kindly asking the District to modify agreement (2), because You, Mr.

Wilkens, and I, Floyd H. Daniels, both know thrt it has substantiated that

there vere Bus Operators (Caucasian), omployed by the Southern California

Rapid Transit District who were performing dual employment long before I,

Floyd EH, Daniels, started performing dual erployment. Those Bus Operators

Employees (Caucasian), vere performing dual exployment at the tine the

inclosed letter vas written; and, those Pus Oporator Employees (Caucasian)

have continued to perform dual exploywent until the present tire’,

So to require Me, Floyd H, Daniels, at this time to sever my exployment with

the Los Angeles City School System vould be Racial Diccrizinaticns

I went into one of the District's Division Headquarters, and a sign road

"EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW," “DISCRIMINATION IS PRONIBITE.

by the Civil Rights Act of 1964, and by Executive Order Kumber 11246,"

As I entered your very fine personnel Office on Jime 21, 1977, I locked to

Rk on the vall, and thare was sign which read, "AN EQUAL OPPORTUNITY

As I left one of the personne) offices, I, again, read the sign and I asked

myself, "if the District really intended for this to apply for all Citizens,

including Me, Floyd H, Daniels?"

Therefore, I am vriting this letter to inform the Mstrict that I have

received the chock in the amount of $1,095.24; and, I have accepted the

eheck, Also, I am available and ready for reinstatemmnt as a Bus Operator

with all rights, privileges, and seniority, It is my desire not to be just

a Bus Operator, but one of the top Bus Operators ef tho Southern California

Rapid Tranait District’.

I told Me. Showers in Personnel that you were a fine gentleman, and that I

highly respected you for your integrity end honor, inis is why I addressed

this letter to you. If you are not tho appropriate Officer to consider this

matter, kindly refer this letter to the appropriate Officer, or Officers for

considoration,

It is requested that the above matter be considered with the bost of integrity

and dignity’,

May God bless you and all of your fellow officers of the Southern California

Rapid Transit District’,

Very truly yours,

Floyd H, Daniels

Self:

ect File

Inclosures:

1, Letter to Floyd H, Daniels, dated January 28, 1971.

2. Exployee's Earning Statement — Special, dated January 28, 1971

3. Copy of check dated Juno 22, 1577 for the amount of $1,092.24,

and Remittance Advice, dated June 22, 1977,

54. Page #2 of

Exhibit "D"

Floyd H, Daniels

4650 Coliseum Street, #1

los Angeles, California 90016

July 15, 1977

Telephone (213) 296-4588

Mr. John 9, Wilkens, Manacer of Employee Relations

Southern California Rapid Transit District

425 South Main Street

Los Angeles, California 90013

Dear Mr, Wilkens:

In roceipt of your letter dated July 12, 1977 regarding my offer to accept

reinstatement as « bus operator for the Southern California Rapid Transit

District, I hereby give my reply.

First of all, the letter dated January 28, 1971, signed by George F,

Goehlor, the Manager of Operations at that time, was an agreement between

the Southern California Kapid Transit District and the United Transportation

Union, I have attached horeto, two letters, one (1) from the District, and

one (1) from the Union that led up to this agreement betwoen the Union and

the District in the letter to me, — Jamury 28, 1971.

Tho tvo (2) agreements in the letter dated January 28, 1971 were all in one

(1) sentence, as follows:

4This letter will inform you that arresmant has now been

reached between Southern California Rapid Transit District

and United Transportation Union, pursuant to the terms of

which the District is to (1) componzsate you for the period

June 20 through July 18, 1970, plus accured vacation tim,

and (2) offer to you reinstatement upon the conditions that

such offer be accepted within five days after receipt of

this letter and that you sever your employment by the los

Angeles City School System."

I did not accept tho chock for $1,098.24, I sent it back to the District,

and at the sane tino, 1 did not accept reinstatemont., Instead, my Attorney

at that time, end I vent to Court.

When I came into your personnel office on Jims 21, 1977, the accured vacation

tire in tho anount of $590.63 was due m, This is substantiated by the

"Tender of Wages Due", attached hereto, However, the District elocted to pay

me elso, for the period Juno 20 through July 18, 1970, which was the ezreement

between the Union emi District, which amounted to $650.79. 4520.79 + 590.63 =

$1,471.42, After $373.18 in deductions, the net amount was $1,098.24,

Tho above is the emount of the check that I did not accept, and instead,

returned it back to the District in a letter dated February 27, 1971.

Page #1 of

om Exhibit "E"

who was in a meeting and get his approvsl to replace this check with another

check, and we will get it out tomorrov," The check was made up and updated

1

1977, I made an offer to accopt reinstatement as a bus operator in a letter

to you. You, Mr, Wilkens, considered it fair and in order to adjust the

date of the check that I did not accept ani returned to the District on

February 27, 1971. You ordered prepare! and issued to mo another check

dated June 22, 1977.

If the District reconsidered and re-adjusted the date of the check that I

did not accept, but returned it to the District, which was agreenent (1)

between the Union and District in the letter dated Jamary 28, 197]; it is

only fair and just that the District consider it is fair and in order to

reconsider and adjust agreement (2) between the District and Union in the

same letter, same paragraph, and same sentence,

I stated to you in my letter dated June 25, 1977, that it had been sub~

stantiated that there vere Bus Operators (Caucasian) employed by the

Southern California Rapid Transit District who wore performing dual em

ployment long before 1, Floyd H, Daniels, started performing dual em-

ploymont. These Bus Operators Employees (Caucisian) were performing dual

exployment at the time the letter dated January 28, 1971 was written, It

was demanded that I, Floyd H, Daniels, sever my outside employment, while

the Bus Operators Employees (Caucasian) who were performing outside employ-

ment were not demanded that they sever their outside employment, This is

Raciel Discrimination, These Bud Operatory Employees (Cancasian) have con-

tinued to perform dual employment up until the present tine, If I, Floyd

FR, Daniels, is not reinstated as a bus operator, this is also, Racial

Discrimination,

In my letter dated Jume 25, 1977, I stated that the U.S. Civil Rights Act

of 1964, not the California Laws, being violated by the District. This is

U.S. Title WII, I now call your attention to Title 42, Section 1981 of the

United States Code boing violated by the District’,

You mentioned the Courts in your letter, dated July 12, 1977, This is an

independent style of action. This action sturted when the District prepared

and sent me the the check in the amount of $1,098.24, Therefore, the Courts

have not decided on this action,

As you are avare, I, Floyd H, Daniels, have never resignod as a Bus Operator

from the Southern California Rapid Transit District’,

I am hereby advising the District that I, Floyd H, Daniels, eccept the offer

of reinstatement with full seniority unirpaired from the date of xy hireing;

and, I be treated and extended the sane privileges as other employees of the

Southern California Rapid Transit District.

I, Floyd H, Daniels, ie hereby advising tho District to make the offer of

reinstatement effective Sunday, August 14, 1977.

I, Floyd H. Daniels, will come to work on time and perform my duties as a

56. Page #2 of

Exhibit "E"

bus operator just as other employees are required,

I vill come to vork every day J am suppose to come to vork,

This outeide employment will not affect my ormanoe as a bus operator,

This is reflected by my previously dual employment. I had 65 demerits vhen

I started performing dual exployment; and, I had reduced the demerits down

to 15 demerits before I was taken out of service, Also, I had no char le

accidents; and, only one miss-out, which was due to to a misunderstanding of

the schedule for Veterans Day,

Mr, Wilkens, since the above two (2) agreements were between the District and

Union, I am sending Mr’, Earl RK, Clark, General Chairman, United Transportation

Union, a copy of this letter, a copy of my letter to you dated June 25, 1977,

and a copy of your letter to me, dated July 12, 1977.

I am hereby, kindly requesting Mr. Earl R, Clark, General Chairman, United

Transportation Union, to execute in the writing of a letter to you stating

the United Transportation Union's position regarding my offer to accept

reinstatement effective Sumiay, August 14, 1977; and, a copy ef that letter

be sent to me for ny recor.

Mr, Wilkens, I am hereby, kindly requesting a written ansver ‘rom you of the

Southern California Rapid Transit District's position regariing ry offer to

accept reinstatement as a bus operator effective Sunday, August 14, 1977.

Yours very truly,

Floyd ‘I, Daniols

Self:

cc: Mr, Earl R, Clark, Genoral Chairman, United Transportation Union.

My‘, Jack R, Gilstrup, Goneral Manager, Southern vulifornia Rapid

Transit District.

Mr, Willaim C, Haag, Local Chairman 1565, United Transpartation Union,

Inclosures:

1. A copy of the letter from Mr, Clark to tho District, dated january 4,

1971.

2. A copy of the letter from Mr, Goohler to the Union, dated Janumry 22,

1971.

3. "Tender of Wages Due", dated July 1, 1970.

Page #3 of

1S Exhibit "E"

JAN 5 1971

J,S. W.

aletittelal transportation ONIOn "Gow sno

Earl R. Clark

Sas GENERAL COMMITTEE OF ADJUSTMENT Vice Crawmen

SOUTHERN CALIFORNIA RAPID TRANSIT OISTRICT William ©. Haag

Suite 497 + 1725 West Sixth Street + Les Angeles, California $0017 + StazqagG 484-8191 Secretary

te

January 4, 1971

Mr. George S. Goehler

Manager of Operations

So. Calif. Rapid Transic District

1060 South Broadway

_Los Angeles, California 90015

Dear Mr. Gochler:

Re: Operator Floyd H. Daniels, Badce #2921

Thank you for your letter of Docember 18, 1970, in which you offored to

compensate Operator Daniels for the period June 20 to July 18, 1970. The

Genera! Committee of Adjustment 4onsidered your proposal and has accupted

it subject to the following proviso; That Operator Danicls be offerad

reinstatoment to his forner position with tho District, and be given five

deys in which to accept sald offer of reinstatement.

It is understood, of course, that this offer of reinstatement would be

based upon the conditions sec forth in your letter of June 11, 1970, which

was accepted by Mr. K. R. Moore's letter of June 15, 1970, where it says

in part:

"In the event Operator Daniels is exonerated of the

pending charge of attempted rape, he must then make

an election as to whether he desires to work for the

District as a bus driver or for the Los Angeles

School District as a teacher. It is agreed that he

cannot do both." °

Would you kindly advise us at your earliest convenience whether this

condition to the proposed settlement is satisfactory. af

Yours very truly,

ate @ Chak

arl R. Clack

General Chairman

cc: Mr. W. C. Maag, Local Chairman

Te: Page #4 of

Gh 78. Exhibi¢ "E"

ees. F

Perey ZD

60 GOUTH BAOADOWAY ¢ LOB ANGELES, CALIFORNIA 90016 + TELEPHONE (213) 7409 6077

JACK A, GILSTRAP

Garena, manaaen

January 22, 1971

Mr. Earl. R. Clark, General Chairman

United Transportaticn Union

1725 Weat Sixth Stroot - Suite 407

Los Angeles, California 90017

Doar Mr, Clark:

Thank you for your letter of January 4, 1971, in

response to our letter of December 18, 1970, with respect

to the Floyd H, Danicls case,,

This will confirm that we are now in agreemiont that

Operator Daniels will be (1) co:npunsated for she period June 20

through July 18, 1970, and (2) offered reinstatement by the

District upon the condi.ions that he accept such offer within

five days after its receipt and sever any employment by the

Los Angeles City School System,

We will accordingly proceed promptly with such pay-

ment and re-employment offer, furnishing you of course, with

appropriate copies including a copy of any response from

Operator Daniels.

Very truly yours,

Gop IGrte

George F. Gochler

; Manager of Operations

DPE/MLRieb ae

ect M. L, Rise : Page #5 ‘of:

" : “I. S. Wilkens

‘J. T. Johnston 59, Exhibit Oh

BERVING 2.260 SQUARE MILES OF GOUTHEAN CALIFORNIA

wrk ager LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

TENDER OF WAGES DUE

Date. _ July 1, 19 TO.

DEPARTMENT. LOCATION.

—-_Tranaportation 3207

To Employee __7ioya BM. Duniels Index No. 2942

$590.63 [F088 in cash is hereby tendered to you in full payment of balance

of wages due upon your discharge this instant, Vacation Tine.of 68-69 -- be,

157 irs. 50 Min, - $590.63, Gross Gross. re “

, Le Le ¢ Li

" Superintendent

T sanante the above payment.

refuse to receive how te

Signature of Enployes

In our presenco, tho above tender was made to, and refused by, said employee

at the timo and place of his/her discharge.

| eile Witness

Witnens

Page #6 of '

Exhibit "E"

60.

Floyd H, Daniels

4650 Colisoum Street, #1

Los Angeles, California 90016

August 15, 1977

Telephone: (213) 296-4588

Mr, John S, Wilkens, Manager of Employee Relations

Southern California Rapid Transit District

425 South Main Street

Los Angeles, California 90013

Dear Mr, Wilkens:

Qu July 15, 1977, I wrote you a letter advising the Southern California

t District that I, Floyd H, Daniels, accepts the offer of

reinstatement vith seniority unimpaired from the date of my hireing; and,

that I be treated and od the same privileges as other employees of

the Southorn California Rapid Transit District; cnd, this offer for rein-

statement be made effective Sunday, August 14, 1977.

The reinstatement date effective Sunday, August 14, 1977 has now expired;

and, I have not received any notification from You and the Southern Califor

nia Rapid Tranist District, I have reasonable concluded that the thirty (30)

days was ample time for You and the Southern California Rapid Transit District

to notify Mo, Floyd 8, Daniels, of my offer for reinstatement as a Bus Operator,

I am pow advising You and the Southern California Rapid Transit District to

reinstate ct - i, mae in accordance vith the terms of the letter,

,

dated July 1 within thirty (30) days from tho above date of this

letter, August 15 hor? to yous which will be September 14, 1977, with the

exception of the following quoted paragraph of the letter:

"I am hereby requesting Mr. Earl R, Clark, General Chairman, United

Transportation Union, to execute in the writing of a letter to you

stating the Union's = regarding my offer to accept rein-

statement effective ev. Magust 1A, 19775 and, a copy of that

letter be sent to mo for ay record,"

I hereby withdraw the above quoted paragraph because J have talked with both

Mr, Earl R, Clark, General Chairman, and Mr, William C, Haag, Loca) Chairman,

#1565; and, both men have notified ne that J, Floyd MH, Daniels, should be

reinstated in accordance with the terms of my letter to you, dated July 15,

1977, Both Mr. Clark and Mr, Haag have also offored their services to serve

as vitnessea in my behalf in Court, if necessary, Thorefore, it is only fair

that I withdraw the above quoted paragraph because if you had talked to me

end likewise notified me of my reinstatement; I, Floyi H, Daniels, would have

beon reinstated and vorking effective Sumday, August 14, 1977.

I have had the opportumity to visit some of the District's employees vho are

. _ performing outeide employment, an! they have showed me their outelide employ-

Went with pride and dignity, This I could not, and can not do, because of

' Page #1 of

61. Exhibit "F"

You, and the Southern California Rapid Transit District,

I, Floyd H, Daniels, is a natural born “itisen af these United States of

Americal, I had the opportunity of being drafted into the U.S. Navy during

World War IIg and, I served in those dangerous waters of the great Pacific

Ocean helping to preserve and protect this grvat Country's Independence,

end the very precious Liberties and Civil Riglits it stand for. I ana

Teacher for the Los Angeles School System, As a teacher, I am charged to

teach your children, my children, and other children of parents vho are

living in the Los Angeles Mhified School District, the truths about develop-

ing their minds and bodies in order to be good United States Citizens in

order to enjoy and protect their Civil Rights, 1, Floyd H, Daniels, can

not effectively teach these truths, if I am not afforded my own Civil Rights;

and, do not protect and pursue my Civil Rights,

When You and the Southern California Rapid Transit District failed to rein-

atate Me, Floyd H, Daniels, to the service of the District as a Bus Operutor

wffeative Sunday, August 14, 1977, you have in fact indicated that I, Floyd He

Daniels, is an inferior United States Citizen; and aloo, an inferior Teacher

for the Los Angeles Unified School System, This is iunorally wronc,

and ynlavful on the of You as Manager of Employee Kelationa, and the

Southern Californis Transit District to impose thi» type of

on Me, H, Daniels, because of my Race, .

Therefore, if I, Floyd #, [aniels, is not reinstated by You and the Southern

California Ra Tranist District to the service of Pus Operator as effective

of Sunday, August 14, 1977; and, within thirty (30) days from the date of this

letter to You, the termination date being Wednesday, September 14, 1977; I,

_ Floyd 8, Daniels, have no choico but to secure the services of an Attorney,

and file a Complaint in the Federal District Court for reinstatemont as a Bus

Operator, and for punitive and exemplary damages in the amount of One Million

Dollars {$1, 000,000.00) tax-froo, plus attorney feos, eourt cost, and for such

other and further yolief as the Court may deam just,

Yours very truly,

Floyd H, Daniels

Selt/

cor Mr, Jack R, Qiletrap, General Manager, Southern California Rapid

Transit District’,

Mr, Ear! R, Clark, General Chairman, United Transportation Union’,

Mr, William O, Haag, Local Chaizman, #1565, United Transportation Union.

File

Page #2 of

62, Exhibit "F"

FRI)

Southem California Rapid Transit District

425 South Main St. Los Angeles, Calitorma 90013

Telephone. (213) 972-6000

JACK Fi GILSTRAP

General Manager August 16, 1977

Mr. Floyd H, Daniels

4650 Coliseum Street, #1

Los Angeles, California 4 90016

Dear Mr, Daniels:

This will acknowledge receipt of your letters dated July 15, 1977 and

August 15, 1977. Please be advised that there has been no change in

the District's position as ect forth in my letter to you dated July 12,

1977,

As you did not meet the conditions established by the District and the

United Transportation Union for your reinstatement in 1971, you were

terminated as an employee of the District at that time,

Your termination in 1971 was final for all purposes at that time and is

not subject to-reconsideration,

Sincerely,

~~

SAAB =

hn S, Wilkens

Ma bf Employee Relations

JISW/ju

ec: Mr, Earl R, Clark

Mr. William C, Haag

63. Exhibit "'g"

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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