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BACICA v. BOARD OF EDUC. OF THE SCH. DIST. OF ERIE

June 7, 1978

ELIZABETH BACICA, ROSEANNE CAMESI, GAIL ELLIOTT, ROBERT FERRAGINE, SANDRA GLOBA, KATRINA HENRY, JUNE JOHNSON, VIRGINIA KELM, KATHLEEN POLITO, LUCY PONTIFF and AMBER TUZYNSKI
v.
BOARD OF EDUCATION OF THE SCHOOL DISTRICT OF THE CITY OF ERIE, PENNSYLVANIA, EDMOND T. GIOVANNELLI, JOHN C. HARKINS, MARY M. LAMARY, LEONARD L. LoCASTRO, JR., DONALD A. LUNDEEN, DR. A. E. NARDUCCI, DR. JOHN N. PETRUS, EDWARD J. SPARAGA, GERALDINE ZURN and RICHARD HILINSKI



The opinion of the court was delivered by: WEBER

 AND NOW this 7th day of June, 1978, in accordance with the findings and conclusions contained in the attached Opinion;

 IT IS ORDERED that JUDGMENT is ENTERED for the DEFENDANTS on the claims of Plaintiffs Elizabeth Bacica, Roseanne Camesi, Gail Elliott, Robert Ferragine, Katrina Henry, Kathleen Polito, Lucy Pontiff and Amber Tuzynski and said claims are DISMISSED;

 IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment is GRANTED to the extent provided herein. It is declared that the acts, policies and practices of the Defendants in granting greater seniority to black employees of the Erie School District and changing plaintiffs' positions on the seniority list is illegal and contrary to the requirements set forth in the United States Constitution and statutes, as being a denial of equal protection and a violation of 42 U.S.C. §§ 1981 and 1983. Defendants' Motion for Summary Judgment on the ground of a state court order is DENIED.

 IT IS FURTHER ORDERED that Plaintiff Virginia Kelmn be awarded $30.00 from Defendants for reimbursement of her dental benefits claim.

 IT IS FURTHER ORDERED that Plaintiff Sandra Globa be awarded from Defendants two days back pay, and Plaintiff June Johnson be awarded from Defendants five months back pay, subject to mitigation by income received during that period from other sources. The parties shall file a stipulation with respect to the amount of damages to be awarded Globa and Johnson on or before June 19, 1978, or notify the Court of any inability to agree thereon.

 IT IS FURTHER ORDERED that no attorney fees shall be awarded Plaintiffs.

 IT IS FURTHER ORDERED that the above-entitled action shall be DISMISSED upon receipt of the above Stipulation.

 GERALL J. WEBER United States District Judge

 WEBER, J.

 Plaintiffs in the above-entitled case are white teachers and employees of the City of Erie School District. Plaintiffs seek equitable and declaratory relief and compensatory and punitive damages under 42 U.S.C. §§ 1981 and 1983 because of their suspension or furlough by defendants in an order favoring minority employees and different from the order required by defendants' seniority list. The suspensions and furloughs were the result of a reduction in force of defendants professional employees because of declining enrollment.

 Plaintiffs claim the action of the Board of Education of the School District of the City of Erie (Board) constitutes a discriminatory employment practice which denies plaintiffs their right to make and enforce contracts and deprives them of a property interest without due process of law.

 In defense the Board contends plaintiffs have suffered no loss or impairment of any rights because of the furloughs. Defendants also claim their actions are the result of a good faith attempt to comply with an Order of the Commonwealth Court of Pennsylvania and therefore the Board's actions in furloughing the plaintiffs cannot be made the basis of any claim for damages.

 Presently before the Court are the motions for summary judgment filed by each side and accompanied by supporting briefs. The parties have also filed extensive stipulations and other evidentiary materials with respect to the summary judgment determination. Evidence relevant to our determination of summary judgment was also introduced at an evidentiary hearing held on the motions. An evidentiary hearing was necessary because of the insufficiency of the evidentiary material submitted to ...


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