CARLISLE v. PHENIX CITY BD. OF EDUC.

No. 87-7673.

849 F.2d 1376 (1988)

Charles H. CARLISLE, Plaintiff-Appellant, v. PHENIX CITY BOARD OF EDUCATION; Clifford S. Smith, individually and as Superintendent of Education for the Phenix City Board of Education; A.A. Roberts, Jr.; Neal C. Deanhardt; C.F. Floyd, II; Theoria Y. King, et al.; and Lamar Powers, individually and in their official capacities as members of the Phenix City Board of Education, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 20, 1988.


Attorney(s) appearing for the Case

Kenneth L. Thomas, Massey, Means & Thomas, Solomon S. Seay, Jr., Montgomery, Ala., for plaintiff-appellant.

Sydney S. Smith, Smith & Smith, Phenix City, Ala., for defendants-appellees.

Before JOHNSON, Circuit Judge, HENDERSON, Senior Circuit Judge, and PITTMAN, Senior District Judge.


JOHNSON, Circuit Judge:

This is an action brought under 42 U.S.C.A. § 1983 and under Title VII, 42 U.S.C.A. §§ 2000e, et seq. This is an Alabama teacher tenure case. Ala.Code § 16-24-1, et seq. The district court granted summary judgment because of res judicata and collateral estoppel. We reverse.

I. BACKGROUND

Carlisle was the principal of Susie E. Allen Elementary School from 1982 until 1984 when he was transferred...

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