Bozeman v. Pickens County Bd. of Elections Complaint

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IN THE UNITED STATES DISTRICT COI'RE
FOR THE NORTHERN DISTRICI OF AIABAI'14 : :

WESTERN DIVISION ,r, '-'

}TAGGIE S. BOZEMAN,

Plaintiff,
v.
PICKENS COI'NTY BOARD OF

) crvlL AcTroN NO.

)

)

)

EDUCATION, JERRY H. PARIIAMI

:3"iil:131*I'"3tr:lr*i:"E3ll"::''f,VB 7 P 225 L Eu
the PICIGNS COUNTY BOARD oF )
EDUCATION, JACK T. PATE,
individually and in his caPacitY )
as the former President of the
PICKENS COI'NTY BOARD OF )
EDUCATION, J. V. PARK, individ-
ualIy and in his capacitY as a )
uember of the PICKENS COITNTY
BOARD OF EDUCATION, JAMES G. )
NOLAIID, individuallY and in his
capacity as a menber of the )
PICKENS COUNTY BOARD OF
EDUCATION, MRS. NAIICY FAIR, )
indj.vidually and in her caPacitY
as a member of the PICKENS )
COIINTY BOARD OF EDUCATION, and
BOYD EDGEWoRTH, lndividuallY and )
in his capacity as a former
member of the PICKENS COITNTY )
BOARD OF EDUCATION, 

I

gor{P!aIUE

t. This court has subject matter jurisdiction over this

matter by virtue of 28 U.S.c. sections 1331 and' 1343.

2. The plaintiff is an adult resident citizen of Pickens

County, Alabana. Ehe defendant Plckens County Board of Education

(hereinafter rrBoardrr) is a corporate entity reslding in Pickens



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County, Alabarna. The individual defendants are all adult resident

citizens of Plckens County, Alabama andr/or the western division of

this Judicial district.
TACTUAL ALLEGATTONS

3. The plaj.ntiff , Maggie S. Bozeman, was enployed as a

tenured teacher by the Pickens County Board of Education in 1979.

Durlng that year, she was wrongfully convicted of a felony in the

state Circuit Court f,or that County. The charges against her were

made in connection with the plaintiff's participation in belping

other voters to cast absentee ballots ln the Democratic prinary

electlon held Septerober 26, L978 ln Pickens County.

4. Plaintiff requested and received two consecutive one-

year leaves of absence frou her job with the scbool systeu,

pendlng the appeals of ber conviction.

5. Plaintiffts contract with tb.e defendant Board was

cancelled !n 1982 based upon an invalid and ilIegal conviction.

6. On April 13, 1984, the Unj.ted States District Court for

the Middle District of Alabaua granted, plaintiffrs petition for a

writ of, habeas coryus, finding that her constitutional rights had

been violated in the state court conviction. Among other tbings,

the Court found that plalntlff was convlcted on patently

lnsufficient evidence. Plaintlff,ts felony conviction was thus

declared null and void.

7 . On August g , 1984, plaintif f, infotmed tbe Board that

the charges against her had been dlsnj.ssed and asked that she be

allowed to return to her teachlng position. The board refused to



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relnstate the plaintlff and the Board failed to give her any

hearing at that Point.
COUIflT ONE

8. This claiu ls brought pursuant to 42 V.S.C. S1983 and

the Flrst Amend:nent to the United States Constltution.

9. The defendant Board wilfully and naliclously vlolated

plalntiffrs rights under ttre First Amendment by preventing and

refusing to allow her to resume her teaching position because of

her speech and other activities protected by the Flrst Anendment,

both in connectlon witb the clvil rights noveuent and efforts to

€ncouragie black voters to vote, and ln connectlon with certain

actlons of ttre Board whlcb tlre plaintlft questloned.

cogNr rwo

10. This clafuo ls brought pursuant to 42 V.S.C. 91983 and

the Fourteenth Amendment to tbe United States Constitutlon.

11. Ebe defendant Board and tbe lndlvidual def,endantE ln

their capacitles as Board nenbers violated plalntlffts rlght to

sqbstantive and procedural due proceEs of, latr by cancelling her

teachinq contract wlthout an appropriate b,earlng and ln an

arbitrary and unJust Danner, based upon an invalid and illegal
conviction. As a tenured teacher, plaintltf had a property

lnterest, ln ber Job nlth the defendant Board whlch entitled her to

d,ue process ln connection sith the deprivatlon thereof. Plaintiff
eras inJured as a direct result of this conduct.



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COUNT TI{REE

L2. This claim ls brought pursuant to 42 V-S.c- 9198I-

13. The defendant Board has, through lts cancellation of

the plaintiff,rs teaching contract and the subsequent refusal to

reinstate her, violated plalntlff,rs rlght to contract and to carry

on her euployuent.

14. Ilhe defendant Boardrs actions in tbls regard were done

uallciously and wilf,uIly, because of the plaintiffrs race and her

civll rights activities. Plaintiff sas injured as a dj.rect result

of this conduct.

COUNT FOI'R

15. This clalm is brought pursuant to 42 V.S.C. S1983 and

g 1985.

16. 1'he def,endants have conspired to violate plalntiffts
rlghts to equal protection and due procesls guaranteed by the

Fourteenth Auendnent to the United States Constltutlon, and to
obstnrct Justice.

L7. Ehe actlonE of the said lndividual defendants resulted

in a deprivation of the aforementioned rights as well as by

causlng her to be wrongfully arrested and convicted of a crlme

under the laws of the State of Alabana.

PRAYER FOR RELIEF

WHEREFORE, plaintlff hereby requests tbat this honorable

Court grant the following relief:
a) Reinstateuent into her teaching position, including

fu1l tenure and beneflts, with the Pickens County School System;



b)

c)

d)

e)

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Back pay,

Compensator-:f dauages for mental anguish and

euotional distress;
Against the lndividual defendants, punj.tive danages,

and

Any other legal or equitable relief, which this court

deeus appropriate and Just.
Respectfully srrbnitted,

OF COIINSEL:

FALKENBERRY & I{HAII,EY
8lfth Floor Tltle Buildlng
300 Swenty-Flrst Street North
Bltoingham, Alabrlna 35203
2O5/322-11oo