Legal Opinion

Jean Avery v. Homewood City Board of Education

Court of Appeals for the Fifth Circuit

Decided April 26, 1982No. 80-7364PublishedCited by 31 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

Jean Avery brought this action in the district court, alleging that the termination of her teaching contract by the Homewood City Board of Education was unlawful. Following a bench trial, the court concluded that although one of the grounds of Avery’s discharge was arguably impermissible, the presence of another, permissible, ground rendered the termination lawful. Accordingly, the court entered judgment for the defendants. The district court erred by holding that the mere presence of a permissible ground for Avery’s discharge rendered the discharge lawful. On the…

2Cases cited5 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Grosso v. United StatesSupreme Court of the United States · 1968
  3. Felder v. United StatesCourt of Appeals for the Ninth Circuit · 1976
  4. Levin v. Mississippi River Fuel Corp.Supreme Court of the United States · 1967
  5. Drew Municipal Separate School Dist. v. AndrewsSupreme Court of the United States · 1976

3Cited by31 opinions

  1. In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994
  2. Jerry M. Stanley v. City of Dalton, GeorgiaCourt of Appeals for the Eleventh Circuit · 2000
  3. Lee v. Russell County Board of EducationCourt of Appeals for the Eleventh Circuit · 1982
  4. Ezra Waters v. Clinton Chaffin, Etc.Court of Appeals for the Eleventh Circuit · 1982
  5. Walters v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1986

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