R. L. RAMSEY, PLAINTIFF-APPELLANT,
v.
L. P. HOPKINS, ET AL., DEFENDANTS-APPELLEES
R. L. RAMSEY, PLAINTIFF-APPELLANT,
L. P. HOPKINS, ET AL., DEFENDANTS-APPELLEES
447 F.2d 128
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM:
In this case, which involves the termination of the employment of a public employee in violation of 42 U.S.C. § 1983, the District Judge ordered the employee reinstated, but failed to order payment of back wages properly owing to him, 320 F.Supp. 477. In our view, reinstatement of the employee was correct, but failure to award back pay was error. See Harkless v. Sweeny Independent School District, 5 Cir., 1970, 427 F. 2d 319, 324, cert. denied, 400 U.S. 991, 91 S.Ct. 451, 27 L.Ed.2d 439; Smith v. Board of Education of Morrilton Sch. Dist. No. 32, 8 Cir., 1966, 365 F. 2d 770, 784 (Blackmun, J.); Smith v. Hampton Training School for Nurses, 4 Cir., 1966, 360 F. 2d 577, 581. The cause is remanded to the District Court for assessment of the back wages owing to the appellant, diminished by his earnings, if any, during the period of his dismissal, and the modification of the judgment accordingly.
Remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gieringer v. Ctr. Sch. Dist. NO. 58, 477 F.2d 1164 (8th Cir. 1973)
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C. D. (Denny) Abbott v. Thetford, 529 F.2d 695 (5th Cir. 1976)
-
Gurmankin v. Costanzo, 626 F.2d 1115 (3d Cir. 1980)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Harkless v. The Sweeny Indep. Sch. Dist., 427 F.2d 319 (5th Cir. 1970)
- Clement S. Smith v. The Bd. OF Educ. OF Morrilton Sch. Dist. NO. 32, 365 F.2d 770 (8th Cir. 1966)
- Bostic v. United States, 400 U.S. 991 (U.S. 1971)
- Johnson v. Mississippi, 400 U.S. 991 (U.S. 1971)
- Smith v. Hampton Training Sch. FOR Nurses, 360 F.2d 577 (4th Cir. 1966)