Erin Clemmer

Burnett v. Burmingham Board of Education

Citation:

Burnett v. Board of Education 861 F. Supp. 1036 (N.D. Ala. 1994). Justia. Retrieved
November 15, 2017 from https://law.justia.com/cases/federal/district-
courts/FSupp/861/1036/2261589/.
Facts:

Burnett and the other plaintiffs are employed by the Birmingham Board of
Education. They filed suit to be paid according to a specific pay scale for
their job type classifications.
They brought a state level claim for a breach of contract as well as state
and federal constitutional claims.
The defendants then filed a motion to remove the case to a federal court.
Then the plaintiff filed a motion to remand the case back to state court.

Issues:

Whether a federal court is permitted to remand a case containing both

state and federal claims in which the state claim is the dominant one.

Ruling:

The court found that the state claim for payment and breach of contract is the
dominate issues so jurisdiction remained with the state courts.
The constitutional issues were too broad and not the focus of the claim.

Defendants raised the issue that several jurisdictional statutes are raised which
werent correct, however, the court disagreed stating that the fact that
jurisdiction is also based on other federal statutes is irrelevant.
There was no dissent.

Rationale: In a case that is in federal court based on a claim with both federal
and state claims, the court may keep that case if the state claim pre-dominates
the federal claim.
Conclusion:
 I am not sure I agree with this. I feel as though if Consitutional Rights are
violated, then this case should have been in federal courts. However, I am
not in favor of an increase in federal power, I prefer that power remains
within the states.
The 10th Amendment states, The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people., so the ruling is valid.
This is important for me to know as a future administrator and current
educator in case I ever find myself or one of my teachers in litigation.