William Sullivan Coe v. Paul M. Bogart, Superintendent of Schs. of Sevier Cnty., 519 F.2d 10 (6th Cir. 1975). · Go Syfert
William Sullivan Coe v. Paul M. Bogart, Superintendent of Schs. of Sevier Cnty., 519 F.2d 10 (6th Cir. 1975). Cases Citing This Book View Copy Cite
28 citation events (3 in the last 25 years) across 11 distinct courts.
Strongest positive: Buchanan v. Little Rock School District (ca8, 1996-07-15)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 18 distinct citers.
discussed Cited as authority (rule) Buchanan v. Little Rock School District
8th Cir. · 1996 · confidence medium
See Lyznicki v. Board of Education, School District 167, Cook County, Illinois, 707 F.2d 949, 952 (7th Cir.1983) (principals in Illinois can be transferred "to positions of similar rank and equal salary"); Wooten v. Clifton Forge School Board, 655 F.2d 552, 555 (4th Cir.1981) (principal could be reassigned to teaching position without hearing where contract was silent and Virginia statute explicitly allowed transfer); Coe v. Bogart, 519 F.2d 10, 12-13 (6th Cir.1975) (principal could be reassigned to teaching position without hearing under Tennessee law).
discussed Cited as authority (rule) Buchanan v. Little Rock School District
8th Cir. · 1996 · confidence medium
See Lyznicki v. Board of Education, School District 167, Cook County, Illinois, 707 F.2d 949, 952 (7th Cir.1983) (principals in Illinois can be transferred “to positions of similar rank and equal salary'’); Wooten v. Clifton Forge School Board, 655 F.2d 552, 555 (4th Cir.1981) (principal could be reassigned to teaching position without hearing where contract was silent and Virginia statute explicitly allowed transfer); Coe v. Bogart, 519 F.2d 10, 12-13 (6th Cir.1975) (principal could be reassigned to teaching position without hearing under Tennessee law).
discussed Cited as authority (rule) Thompkins v. Stuttgart School District 22
8th Cir. · 1986 · confidence medium
See Frison v. Franklin County Board of Education, 596 F.2d 1192, 1194 (4th Cir.1979) (district court should have declined pendent jurisdiction because it was essentially a petition for judicial review of a state administrative action rather than a distinct claim for relief); Coe v. Bogart, 519 F.2d 10, 13 (6th Cir.1975) (pendent claim under Tennessee Teacher Tenure Act is more appropriately decided by the state court); see also Burford v. Sun Oil Co., 319 U.S. 315, 317-18 , 63 S.Ct. 1098, 1099 , 87 L.Ed. 1424 (1943) (a federal court should decline to assert jurisdiction when it would be in the…
discussed Cited as authority (rule) Thompkins v. Stuttgart School District
8th Cir. · 1986 · confidence medium
See Frison v. Franklin County Board of Education, 596 F.2d 1192, 1194 (4th Cir.1979) (district court should have declined pendent jurisdiction because it was essentially a petition for judicial review of a state administrative action rather than a distinct claim for relief); Coe v. Bogart, 519 F.2d 10, 13 (6th Cir.1975) (pendent claim under Tennessee Teacher Tenure Act is more appropriately decided by the state court); see also Burford v. Sun Oil Co., 319 U.S. 315, 317-18 , 63 S.Ct. 1098, 1099 , 87 L.Ed. 1424 (1943) (a federal court should decline to assert jurisdiction when it would be in the…
cited Cited as authority (rule) George W. Endicott v. A. M. Huddleston
7th Cir. · 1980 · confidence medium
Coe v. Bogart, 519 F.2d 10, 12 (6th Cir. 1975).
discussed Cited as authority (rule) Bruce B. Landrigan v. City of Warwick
1st Cir. · 1980 · confidence medium
Coe v. Bogart, 519 F.2d 10, 13 (6th Cir. 1975) (federal section 1983 claim decided on merits adversely to plaintiff and pendent state claim not entertained).
discussed Cited as authority (rule) Roseboro v. Fayettevile City Board of Education
E.D. Tenn. · 1978 · confidence medium
T.C.A. § 49-1411; Sullivan v. Brown, C.A.6th (1976), 544 F.2d 279, 282 [3]; Coe v. Bogart, C.A.6th (1975), 519 F.2d 10, 12-13 [2]; Mitchell v. Garrett (Tenn., 1974), 510 S.W.2d 894, 897-898 ; State ex rel.
discussed Cited as authority (rule) McKenna v. Sumner County Board of Education
Tenn. · 1978 · confidence medium
Pemberton v. Wilson, 481 S.W.2d 760, 768 (Tenn.1972) (“we can only conclude that complainant has tenure as a ‘teacher’ but not tenure as an ‘Attendance Teacher’.”); Mitchell v. Garrett, 510 S.W.2d 894, 898 (Tenn.1974) (“plaintiff had no tenure in the exact position she was holding and she could be properly transferred at the board’s discretion.”); Coe v. Bogart, 519 F.2d 10, 12 (6th Cir.1975) (legislature “did not intend that a teacher or principal have an entitlement to a specific job to which he is assigned.”).
discussed Cited as authority (rule) Booher v. Hogans
E.D. Tenn. · 1978 · confidence medium
Mr. Booher enjoyed no constitutionally-protected right to public employment, Orr v. Trinter, C.A.6th (1971), 444 F.2d 128, 133 [2], certiorari denied (1972), 408 U.S. 943 , 92 S.Ct. 2847 , 33 L.Ed.2d 767 , and had no consequent right, under either federal or state law, to insist upon any specific job-assignment which he desired, Sullivan v. Brown, C.A.6th (1976), 544 F.2d 279, 282 [3]; *32 Coe v. Bogart, C.A.6th (1975), 519 F.2d 10, 12-13 [2]; T.C.A. § 49-1411; Mitchell v. Garrett (Tenn., 1974), 510 S.W.2d 894, 897-898 ; State ex rel.
discussed Cited as authority (rule) Daniel K. Morse v. Gerald Wozniak
6th Cir. · 1977 · confidence medium
Sullivan v. Brown, 544 F.2d 279, 284 (6th Cir. 1976); Ryan v. Aurora City Board of Education, 540 F.2d 222, 227 (6th Cir. 1976), cert. denied, 429 U.S. 1041 , 97 S.Ct. 741 , 50 L.Ed.2d 753 (1977); Coe v. Bogart, 519 F.2d 10, 13 (6th Cir. 1975); Manchester v. Lewis, 507 F.2d 289, 291 (6th Cir. 1974); Bates v. Dause, 502 F.2d 865, 866-67 (6th Cir. 1974); Orr v. Trinter, 444 F.2d 128 (6th Cir. 1971), cert. denied, 408 U.S. 943 , 92 S.Ct. 2847 , 33 L.Ed.2d 767 (1972).
discussed Cited as authority (rule) Linda Kay Sullivan v. George Brown
6th Cir. · 1976 · confidence medium
There can be no doubt under Tennessee law that the transfer of a tenured teacher, pursuant to T.C.A. § 49-1411, does not amount to a deprivation of a “property” interest within the meaning of Roth, supra and Sindermann, supra. See, Coe v. Bogart, 519 F.2d 10, 12 (6th Cir. 1975).
discussed Cited as authority (rule) Steven Ryan v. Aurora City Board of Education (2×) also: Cited "see, e.g."
6th Cir. · 1976 · confidence medium
In Coe v. Bogart, 519 F.2d 10,13 (6th Cir. 1975), this court, speaking through Judge Engel, said: Tenure Act.
discussed Cited "see" Hayes v. Metropolitan Government of Nashville and Davidson County, Tennessee, The
M.D. Tenn. · 2021 · signal: accord · confidence high
Instead, the TTA expressly provided that principals did not have “tenure in the specific type of position in which they may be employed,” which clearly signaled that the “Tennessee legislature did not intend that a principal should have a statutory entitlement to his principalship.” Id. (citing Tenn. Code Ann. § 49-5-501 (11)(A) (1974)); accord Coe v. Bogart, 519 F.2d 10 , 12–13 (6th Cir. 1975) (“The above-cited statutes make it manifestly clear that the Tennessee legislature, in enacting the Teacher Tenure Act, did not intend that a teacher or principal have an entitlement to the…
cited Cited "see" Sharp v. Lindsey
6th Cir. · 2002 · signal: see · confidence high
See Coe v. Bogart, 519 F.2d 10, 12 (6th Cir.1975) (citing State v. Yoakum, 201 Tenn. 180 , 297 S.W.2d 635 (1956)).
discussed Cited "see" Sharp v. Lindsey
6th Cir. · 2002 · signal: see · confidence high
See Coe v. Bogart, 519 F.2d 10, 12 (6th Cir.1975) (citing State v. Yoakum, 201 Tenn. 180 , 297 S.W.2d 635 (1956)). 39 The school principal who was the plaintiff in Coe v. Bogart was not a party to a "principal employment contract" at the time of his reassignment.
discussed Cited "see" Frison v. Franklin County Board of Education
4th Cir. · 1979 · signal: see · confidence high
See Coe v. Bogart, 519 F.2d 10, 13 (6th Cir. 1975); Bean v. Taylor, 408 F.Supp. 614 , 617 n.3 (M.D.N.C.), aff’d without published opinion, 534 F.2d 328 (4th Cir. 1976); Cata-lano v. Department of Hospitals, 299 F.Supp. 166,175 (S.D.N.Y.1969); cf. Mianus River Preservation Committee v. Administrator, 541 F.2d 899 , 906 (2d Cir. 1976).
discussed Cited "see" Frison v. Franklin County Board Of Education
4th Cir. · 1979 · signal: see · confidence high
See Coe v. Bogart, 519 F.2d 10, 13 (6th Cir. 1975); Bean v. Taylor, 408 F.Supp. 614 , 617 n.3 (M.D.N.C.), Aff'd without published opinion, 534 F.2d 328 (4th Cir. 1976); Catalano v. Department of Hospitals, 299 F.Supp. 166, 175 (S.D.N.Y.1969); Cf. Mianus River Preservation Committee v. Administrator, 541 F.2d 899 , 906 (2d Cir. 1976). 11 Accordingly, although the judgment denying Frison relief on her federal claims is affirmed, the judgment on her pendent claim is vacated, and this claim is dismissed without prejudice.
discussed Cited "see, e.g." Verburg v. Kansas City School District
Mo. Ct. App. · 1978 · signal: compare · confidence low
Compare Coe v. Bogart, 377 F.Supp. 310 (E.D.Tenn.1974), aff’d 519 F.2d 10 (6 Cir.), where a teacher was transferred pursuant to the authority of a Tennessee statute [as contrasted to the contractual authority here], the District Court holding that the school district’s action constituted a routine transfer of personnel within the school system in the interest of administrative efficiency which did not amount to a punitive demotion or a deprivation of property.
William Sullivan COE, Plaintiff-Appellant,
v.
Paul M. BOGART, Superintendent of Schools of Sevier County, Et Al., Defendants-Appellees
74-1832.
Court of Appeals for the Sixth Circuit.
Jul 15, 1975.
519 F.2d 10
Charles Hampton White, Conelius, Collins, Higgins & White, Nashville, Tenn., for plaintiff-appellant., Michael Y. Rowland, Knoxville, Tenn., William R. Holt, Jr., Sevierville, Tenn., for defendants-appellees.
Celebrezze, Miller, Engel.
Cited by 25 opinions  |  Published
ENGEL, Circuit Judge.

This is an appeal in an action brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343, in which appellant William S. Coe alleged that he was deprived of procedural due process under the Fourteenth Amendment when he was transferred from his position as principal of Sevier County High School without being furnished any statement of charges against him or opportunity for a hearing before the County School Board. Coe had been employed in the county school system for 36 years, the last twelve of them as principal of its largest high school.

Following a trial on the merits, District Judge Robert L. Taylor, in an opinion reported at 377 F.Supp. 310 (E.D. Tenn.1974), found that plaintiff was a tenured teacher with the Sevier County system within the meaning of Tennessee’s Teacher Tenure Act, T.C.A. § 49— 1401 et seq. He further found that the action of the defendant school board “constituted a routine transfer of personnel within a school system in the interest of administrative efficiency and did not amount to a punitive demotion or a deprivation of property” within the meaning of Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed. 548 (1972) and Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972).

Our review of the trial record satisfies us that the findings of fact as reported by the trial judge are not clearly erroneous. In accepting those findings, therefore, we accept as true the claim of the Sevier County Board that when, through its chairman, Mrs. Hickey, it informed Mr. Coe that he would not be retained as principal but would be reassigned, it was motivated by an honest belief that the high school could function more effectively under different leadership, and did not intend to impugn the integrity of Mr. Coe or to force him out of the system by compelling him to accept a demotion or lower compensation. The record amply supports the finding of the district judge that until the Board learned that Mr. Coe had accepted alternate employment, it endeavored to place him in another post within the system which would be acceptable to him. Further, it appears that Coe failed to request any formal written statement from the Board, or a hearing, and that he in fact expressed an interest in the reassignment possibilities then being explored, which included his being offered a job as Director of Vocational Education if adequate funding of that position could be obtained.

Since the trial judge’s findings are fully supported by the evidence, the sole issue which remains is whether under those facts, appellant Coe, as a tenured employee, was deprived of a “property” right within the meaning of the Fourteenth Amendment. We note that Coe has made no claim that the Board’s ac[*12] tion in transferring him deprived him of any “liberty” right afforded protection by the federal Constitution.

The Supreme Court, in Board of Regents v. Roth, supra, and Perry v. Sin-dermann, supra, endeavored to define the extent to which the interests of public employees, particularly teachers, may be characterized as “property” or “liberty” interests, subject to the protection of the due process clause of the Fourteenth Amendment. In Roth, the Court quoted from Mr. Justice Frankfurter’s dissent in National Ins. Co. v. Tidewater Co., 337 U.S. 582, 646, 69 S.Ct. 1173, 93 L.Ed. 1556 (1949) as follows:

“Liberty” and “property” are broad and majestic terms. They are among the “[gjreat [constitutional] concepts purposely left to gather meaning from experience. . . . ” 408 U.S. at 571, 92 S.Ct. at 2706.

While noting that the constitutional concept of “property” is necessarily ever changing, the Court did offer guidance to lower courts when they may be faced with the question of whether a litigant has been unconstitutionally deprived of a “property” right without being afforded the procedural rights guaranteed by the Fourteenth Amendment:

The Fourteenth Amendment’s procedural protection of property is a safeguard of the security of interests that a person has already acquired in specific benefits. These interests — property interests — may take many forms.
Certain attributes of “property” interests protected by procedural due process emerge from these decisions. To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must instead, have a legitimate claim of entitlement to it. 408 U.S. at 576, 577, 92 S.Ct. at 2708, 2709.

In Roth, the Court further noted that the Constitution itself does not create property interests, but rather such rights are created and their dimensions defined by independent sources such as state law. We look then to Tennessee law to understand the nature of the interest asserted by Coe. We emphasize, however, that we do not interpret Roth as holding every interest accorded a tenured teacher by state law to be a protected “property” interest within the meaning of the Fourteenth Amendment. The purpose of the procedural guarantees of the Fourteenth Amendment is to protect fundamental rights, not to justify the intrusion of the federal judicial system into all those myriad differences which are bound to arise between public employees and the governmental agency which employs them.

As a principal, Coe came within the definition of “teacher” in T.C.A. § 49 — 1401 and thus had tenure under the Teacher Tenure Act, Nevertheless, T.C.A. § 49 — 1401(4) provides that:

Administrative and supervisory personnel shall have tenure as teachers and not necessarily tenure in the specific type of position in which they may be employed.

Further, in T.C.A. § 49-1411 it is provided that:

The superintendent, with the • approval of the board, when necessary to the efficient operation of the school system, may transfer a “teacher” from one location to another within the school system, or from one type of work to another for which he is qualified and certificated. Such a transfer can be made only by the concurrent action of the superintendent and the board. [Acts 1951, ch. 76, § 10 (Williams, § 2345.10); 1957, ch. 202, § 1; 1965, ch. 196, § 1; 1969, ch. 286, § 1; 1970 (Adj.S.), ch. 480, § 1.]

Coe’s transfer here was approved by both the Board and the Superintendent of Schools. The above-cited statutes make it manifestly clear that the Tennessee legislature, in enacting the Teacher Tenure Act, did not intend that a teacher or principal have an entitlement to the specific job to which he is assigned. See State v. Yoakum, 201 Tenn.[*13] 180, 297 S.W.2d 635 (1956). In such circumstances we would be loath to hold that Coe had a constitutional “property” right in his position since, as noted earlier, we do not believe that plaintiff’s federal constitutional rights are necessarily co-extensive with his rights under the Act. We thus conclude that Judge Taylor correctly dismissed the claim.

Coe also contends that Judge Taylor abused his discretion in refusing to consider his pendent claim under the Teacher Tenure Act. Although an analysis of Coe’s federal claim required reference to Tennessee law, particularly the Teacher Tenure Act, we agree with Judge Taylor that a determination of the merits of that claim should be more appropriately made by the state courts. Moor v. County of Alameda, 411 U.S. 693, 93 S.Ct. 1785, 36 L.Ed.2d 596 (1973).

Coe has made certain other claims of error which, after thorough examination, we find to be without merit. Accordingly, the judgment of the district court is affirmed. Costs to appellees.