Citation Codes Equivalent Citations citation codes Docket Number No. 71-1290 Summary Calendar. Attorney(S) U.W. Clemon, Adams, Baker, Clemon, North Birmingham, Ala., for plaintiff-appellant. Gene H. Lentz, Decatur, Ala., for defendants-appellees. Judges Griffin Boyette Bell Robert Andrew Ainsworth Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights See more information ... Smart Summary Please sign up to generate summary. R.L. RAMSEY, Plaintiff-Appellant, v. L.P. HOPKINS, et al., Defendants-Appellees. PER CURIAM: In this case, which involves the termination of the employment of a public employee in violation of 42 U.S.C. § 1983, the District Judge ordered the employee reinstated, but failed to order payment of back wages properly owing to him, 320 F. Supp. 477. In our view, reinstatement of the employee was correct, but failure to award back pay was error. See Harkless v. Sweeny Independent School District, 5 Cir., 1970, 427 F.2d 319, 324, cert. denied, 400 U.S. 991, 91 S.Ct. 451, 27 L.Ed.2d 439; Smith v. Board of Education of Morrilton Sch. Dist. No. 32, 8 Cir., 1966, 365 F.2d 770, 784 (Blackmun, J.); Smith v. Hampton Training School for Nurses, 4 Cir., 1966, 360 F.2d 577, 581. The cause is remanded to the District Court for assessment of the back wages owing to the appellant, diminished by his earnings, if any, during the period of his dismissal, and the modification of the judgment accordingly. Remanded.