CONSTITUTIONAL LAW-CIVIL RIGHTS-DENIAL UNDER COLOR OF STATE LAW OF RIGHT TO SERVE ON FEDERAL JURY

Authors

William J. Schrenk, Jr., University of Michigan Law SchoolFollow

Abstract

Plaintiff, a probationary high school teacher, was dismissed by the Board of Education of New York City upon the complaint of Keyes, the principal of her school, that she was absent from her duties for almost a month while serving on a federal jury. The state commissioner of, education and the state court denied her appeal for reinstatement, on the ground that her status under New York law was merely probationary. Plaintiff sued defendant Keyes in the federal district court, to recover damages under the Civil Rights Act for the deprivation of a right secured to her by the law of the United States." The district court dismissed the complaint. Held, reversed. Plaintiff has stated a cause of action under the Civil Rights Act. The cause was remanded for determination of the question whether or not plaintiff's exercise of her federal privilege was unreasonable in the light of her duties as a teacher. Bomar v. Keyes, (C.C.A. 2d, 1947) 162F. (2d) 136,certiorari denied, (U.S.1947) 68S.Ct. 166.

Recommended Citation

William J. Schrenk, Jr., CONSTITUTIONAL LAW-CIVIL RIGHTS-DENIAL UNDER COLOR OF STATE LAW OF RIGHT TO SERVE ON FEDERAL JURY, 46 Mich. L. Rev. 424 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss3/10