Mencer v. Bd. of Ed./Birmingham, AL

TJOFLAT, Circuit Judge:

In this case, a former teacher in the Birmingham, Alabama school system contends that the Board of Education and the Superintendent of Schools denied her equal protection of the laws, in violation of the Fourteenth Amendment and 42 U.S.C. § 1983, when they failed to appoint her principal of an elementary school because of her race and sex. 1 Seeking both legal and equitable relief, she has sued the Board and the Superintendent, the latter in both his official and individual capacities.

This interlocutory appeal is from the district court’s order rejecting the…