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eBook details

• Title: Brown v. Bathke
• Author : Eighth Circuit United States Court of Appeals
• Release Date : January 13, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Barbara Jean Brown appeals from an order of the District Court, awarding Brown attorney's fees pursuant to the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988. Brown contends that the District Court erred in two respects: first, by awarding Brown fees for only that time spent by Brown's counsel on that issue on which Brown ultimately prevailed; and, second, by failing to fully compensate Brown for time which her counsel spent in related proceedings before a state administrative agency and in state court. We affirm in part and reverse in part. Brown, a former teacher at Monroe Junior High School in Omaha, Nebraska, brought this action under 42 U.S.C. § 1983 against various school officials, challenging her discharge prior to the expiration of her one-year teaching contract. Brown was discharged after school officials discovered that she, a single woman, had become pregnant. Brown claimed that her discharge, and the defendants' refusal to renew her contract for the following school year, violated her constitutional rights to privacy, to equal protection of the law and to substantive and procedural due process of law. She requested reinstatement, lost wages, $25,000 in damages, the expungement of any derogatory material relating to her dismissal which was in her personnel file, costs and attorney's fees. Brown also challenged the constitutionality of Neb.Rev.Stat. § 79-1260(5) (1976), which had been cited by the School Board as authority for her dismissal. She requested the convening of a three-judge court for the purpose of declaring the statute unconstitutional and enjoining its enforcement.

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