BANKS v. BURKICH

No. 85-5210.

788 F.2d 1161 (1986)

Billy K. BANKS, Plaintiff-Appellant, v. Jack M. BURKICH, Individually and as Superintendent of the Letcher County Schools; Frank Wright, Bobby Joe Ison and Lucille Holbrook, Individually and in Their Capacities as Members of the Board of Education of Letcher County, Kentucky; and Board of Education of Letcher County, Kentucky, a Corporate Entity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 18, 1986.


Attorney(s) appearing for the Case

Arthur L. Brooks and Jane V. Fitzpatrick, Brooks, Coffman & Fitzpatrick, Lexington, Ky., Julia Penny Clark, Bredhoff & Kaiser, Washington, D.C., and Frank Petramalo, Jr., argued, for plaintiff-appellant.

Forrest E. Cook, argued, Whitesburg, Ky., for Letcher County.

James W. Craft, Whitesburg, Ky., for individual defendants-appellees.

Before ENGEL, MILBURN and RYAN, Circuit Judges.


MILBURN, Circuit Judge.

In this action brought under 42 U.S.C. § 1983, plaintiff Billy K. Banks, who prevailed on the merits of his claim that defendants refused to reinstate him in his former position as a truant officer because of his involvement in constitutionally protected activities, appeals the district court's refusal to order the defendant Board of Education ("the Board") to reinstate him in the position wrongfully denied him. For the reasons that follow...

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