Elmer Britton v. South Bend Community School Corporation
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
In 1982 the public school system of South Bend, Indiana laid off 146 teachers. All were white; 48 had more seniority than blacks not laid off; two years later 20 of the 48 had not yet been recalled. In laying off only whites, the school board was acting pursuant to a provision in its collective bargaining agreement with the teachers’ union to the effect that no blacks would be laid off until every white was laid off. The laid-off teachers sued the school system under section 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983, charging that the racially preferential…
2Cases cited8 opinions
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