Smith v. Birmingham Bd. of Ed.

Irvin Smith filed a complaint in the circuit court of Jefferson County, seeking to have the Birmingham Board of Education (the Board) enjoined from transferring or terminating him as a high school advisor without following the procedures set forth in Code 1975, § 16-24-6; the complaint also sought reinstatement and back pay. The trial judge denied Smith's motion for a temporary restraining order and preliminary injunction, held a hearing on the merits, and denied all relief in its final judgment. Smith appeals.

Smith obtained tenure as an instructor in 1960; in 1978 he was promoted to a Boys'…