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BURTON v. PEARTREE

May 5, 1971

William Clyde Burton, Plaintiff
v.
Frank T. Peartree et al., Defendants


Huyett, D. J.


The opinion of the court was delivered by: HUYETT

William Clyde Burton, by complaint filed October 30, 1970, commenced this civil rights action against forty-four named defendants. The defendants include the Justices and clerks of the United States Supreme Court, the Judges and clerks of the Court of Claims, fourteen employees and officials of the Post Office Department, four members of the Civil Service Commission ("CSC"), and six employees and officials of the Justice Department. Burton alleges that the defendants have conspired with each other, the United States, and possibly other persons, to deprive him of his rights. He seeks back pay from the date his employment with the Post Office Department was terminated, a new position higher than the one he originally held, damages in excess of $20,000,000 ($500,000 from each defendant), and "proper" correction of the Supreme Court's "official reports containing plaintiff's said case . . . (i.e., Volume 394 U.S.-Part 3, Official Reports of the Supreme Court, April 21 through May 12, 1969, p. 1002." (Complaint, p. 8).

 Defendants, represented by the United States Attorney, have moved to dismiss Burton's complaint averring:

 
1. The Court lacks jurisdiction over the subject matter;
 
2. The Court lacks jurisdiction over the persons named as defendants;
 
3. The complaint fails to state a claim upon which relief can be granted;
 
4. The complaint is frivolous; and
 
5. Service of process is insufficient.

 The motion of defendants is Granted.

 I.

 During the course of his dispute with the Post Office Department, Burton enlisted the aid of the NAACP and CORE. Negotiations and picketing failed to achieve the result Burton desired, however. Burton also corresponded with White House personnel and members of Congress. Finally, the Equal Employment Officer of the Post Office Department conducted an investigation but the investigation failed to substantiate Burton's allegations of racial discrimination.

 Later in 1966, Burton was reassigned to the position of General Engineer, grade GS-14, with an increase in pay, in the Office of Research and Engineering, Washington, D.C. Burton refused to accept reassignment to Washington averring that his "tenure" as a civil servant entitled him to remain in Philadelphia. Over his objection that the transfer was motivated by racial bias, Burton was formally terminated at Philadelphia and entered on the rolls at Washington. Burton never reported for work in Washington and consequently he was finally discharged by the Post Office Department.

 Thereafter, Burton commenced an action in the Court of Claims against the United States seeking back pay. Burton alleged that racial discrimination prevented him from being promoted to Chief Engineer and eventually resulted in his transfer. Burton also argued that the Post Office ...


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