522. Suits to enforce integration
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||Shuttlesworth, et al. v. Birmingham Bd. of Educ.
(ND Ala., #8914.) Pl.-Negro children took battery of tests under state pupil placement act. Aug. 20, 1957: Pls. requested assignment on non-racial basis to nearest schools. Def.-Bd. did not act on request. May, 1958: 3-judge Ct. unanimously dismissed Pls. action, held Ala. new pupil placement law not invalid on its face, could be administered in "a constitutional manner", tho law might later be held unconstitutional "in its application". While giving local bds. great authority over placement of pupils, law does not mention "race" or "color".
Ernest D. Jackson, Sr., Esq., 410 Broad St., Suite #208, Jacksonville, Fla.; James A. Washington, Esq., Howard U. School of Law, Washington, D. C.
||Matthews, et al. v. Launius, et al.
(Bearden Dist.) (WD Ark., Civ. #570.) (134 F. Supp. 684.) Injunction suit filed 1952 by Negro-Pls. to force equalization of public school facilities; amended, after Brown decisions to require immediate integration. Oct. 4, 1955: Dist. Ct. ordered integration by Fall 1956 at latest. Oct. 2, 1956: Order entered continuing proceedings, directing Bd. to present to Ct. at least 10 days before next regular Ct. term a plan to effectuate transition to racially non-discriminatory school system. Pending.
L. Clifford Davis, Esq., 401½ E. 9th, Fort Worth, Texas.
||Aaron, et al. v. Cooper, et al.
(Little Rock.) (CA 8.) (143 F. Supp. 855, aff'd. 243 F. 2d 361, cert. den. 357 U.S. 566.) Feb. 1956: integration suit filed. Trial Ct. granted Def's. motion to take depositions from N.A.A.C.P. officials, who testified no documents available re N.A.A.C.P. meeting at which vote taken to bring suit, declined to state number of state N.A.A.C.P. members. Aug. 28: Dist. Ct. dismissed suit, held Def.-Bd. had acted in "utmost good faith" in proposing integration over 5-10 yr. period starting perhaps Fall 1957. Apr. 1957: CA affirmed. Aug. 1957: Pulaski Co. Chancery Ct. issued injunction to prevent desegregation scheduled for Sept. 3, 1957 under this plan. Aug. 30: DC issued blanket injunction against any interference with integration order. Sept. 3: Nat'l. Guard prevented 9 Negro pupils from entering school, by order of Gov. Faubus; DC issued order confirming Aug. 30 order, directing Def.-Bd. and Supt. to carry it out. Sept. 5: Def. requested suspension of order; denied. Sept. 9: DC ordered petition for injunction filed against Gov. Sept. 14: Nat'l Guard again barred students. Sept. 20: U.S. Atty. Genl. filed amicus appearance. Sept. 20: DC denied Faubus' application for him to disqualify himself; denied motion to dismiss; ordered Gov. and aides to call of Nat'l Guard. Gov. complied; filed appeal. (See Faubus, 523.Ark6.) Sept. 23: Negro students entered school under protection of U.S. Army. Feb. 1958: Def.-Bd. petitioned DC for order vacating desegregation decree, alleging opposition by small group of students and adults, pro-segregation laws passed by state, lack of penal sanctions against obstructionists by Fed'l officers, leaving Def.-Bd. "standing alone". After hearing, DC stayed integration order for 2½ yrs. because of conditions in Little Rock. June 30: U.S.S.C. denied Pls. appeal directly to it from this DC stay order. Aug. 18, 1958: CA 8 reversed, stayed mandate. Sept. 12, 1958: U.S.S.C. unanimously affirmed CA decision, ending CA stay of desegregation order; judgment to go into effect immediately, saying:
"* * * In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this court in the Brown case can neither be nullified openly or directly by state legislators or state executives or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted 'ingeniously or ingenuously.' * * *
"* * * the interpretation of the 14th Amendment enunciated by this court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the states 'any thing in the Constitution or laws of any state to the contrary notwithstanding.' * * *
"State support of segregated schools through any arrangement, management, funds or property cannot be squared with the amendment's command that no state shall deny to any person within its jurisdiction the equal protection of the laws. The right of a student not to be segregated on racial grounds in schools so maintained is indeed so fundamental and prevasive that it is embraced in the concept of due process of law. * * *"
Sept. 25: DC heard Def.-Bd. questions: whether leasing public school to private corp. would place it in contempt of court order. N.A.A.C.P. intervened, asked DC to rule private school corp. plan illegal or order private schools to admit Negro pupils. Dept. of Justice entered as amicus. DC refused to advise Bd., dismissed N.A.A.C.P. petition as requiring a 3-judge Ct. Sept. 27: election on desegregation issue under auspices of Gov. Faubus, 19,470 for continued segregation; 7,561 opposed. Sept. 29: CA 8 judges issued temporary restraining order against Def.-Bd. changing status as of Sept. 25. Oct. 6: hearing on merits in CA 8.
Wiley A. Branton, Esq., 119 E. Barraque St., Pine Bluff, Ark.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.
||Garrett v. School Bd.
(Little Rock.) (Pulaski Co. Chancery Ct.) Sept. 12, 1958: after U.S.S.C. decision in Aaron, 522.Ark3, and Gov. Faubus signed Act #4—school closing law, Pl.-mother of Central High School student filed suit for mandatory injunction requiring public schools to remain open and for declaratory judgment on Act's validity. Pending.
Kenneth C. Coffelt, Esq., Little Rock, Ark.
||Fitzhugh v. Ark. Dept. of Education.
(Little Rock.) (Pulaski Co. Chancery Ct.) Sept. 1958: Suit filed to test constitutionality of Act 5 of Ark. Legislature which makes mandatory the withholding of state school aid from public schools closed because of integration and using aid in specified manner for other public or private schools. Injunction asked; pending.
James L. Sloan, Esq., Little Rock, Ark.
||Pls. v. Bd. of Educ.
(Van Buren.) (DC Ark., Ft. Smith.) Oct. 1955: Pls. sued, asking immediate integration. March 1956: Dist. Ct. ordered Defs. to make "prompt and reasonable" start toward integration and report plans by Aug. 1956. (See Banks v. Izard, I DOCKET 47, 102, #610.20.) Pls. accepted Defs. 9-yr. stair-step plan. Sept. 1957: 23 Negro students attended high school without incident. Sept. 1958: after threats, Negro students stayed home, asked DC to hold Def.-Bd. in contempt for failure to carry out plan. Sept. 19: DC heard new suit asking mandatory injunction, denied request, gave Def.-Bd. responsibility for safe attendance of Negro students. Sept. 22: Pls. returned to school without incident.
U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas.
||Jackson, et al. v. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Trustees, et al.
(Christiana School Dist.) (U.S.S.C.)
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||Evans, et al. v. Buchanan, et al.
||Holloman, et al. v. Buchanan, et al.
||Coverdale, et al. v. Buchanan, et al.
||Creighton, et al. v. Buchanan, et al.
||Denson, et al. v. Buchanan, et al.
||Oliver, Jr., et al. v. Buchanan, et al.
||Staten, et al. v. Buchanan, et al.
(Milford.) (U.S.S.C.) 1956: integration suits filed. Jy. 15, 1957: DC held for Pls. in 7 cases, made decision applicable to all school districts in state having no plans for desegregation by Fall 1957, ordered state Bd. of Educ. to submit plan for desegregation. May 28, 1958: CA 3 affirmed DC judgment for Pls. Defs. petition for certiorari pending in U.S.S.C.
Louis L. Redding, Esq., 923 Market St., Wilmington, Delaware.
||Dennis, et al. v. Baker, et al.
(Dover.) (DC Dela.) Aug. 1957: injunction action filed to prevent Defs.' carrying out desegregation plan requiring Negro students to take examination for admission to jr.-sr. high school. Pending.
Louis L. Redding, Esq., 923 Market St., Wilmington, Delaware.
||Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al.
(SD Fla., #6978-M.) 1956: action filed for injunction to prevent Def.-Bd. from continuing operation of segregated public schools under new Fla. pupil assignment plan. Dist. Ct. dismissed, held Pls. had not sought and been denied admission to particular schools on nonsegregated basis. Jy. 1957: CA 5 reversed and remanded, held Fla. pupil assignment act unconstitutional. Feb. 1958: DC denied Pl's. motion to advance trial and Def's. motion for summary judgment. Pending.
Edwin L. Davis, Esq., 941 N.W. 2 Ave., G. E. Graves, Jr., Esq., 802 N.W. 2 Ave., both of Miami, Fla.; Thurgood Marshall, Esq., 10 Columbus Circle, NYC.
Amicus curiae appearance by Greater Miami Chapter of American Civil Liberties Union.
||Hunt, et al. v. Arnold, Georgia State School of Business Admr.
(ND Ga., Atlanta Div., #5781.) 1956: suit filed by Pls. seeking admission to Def.-School, alleging they were denied entrance because of race or color; that they meet all requirements except for recommendation by 2 alumni, which requirement they complain is "unreasonable, arbitrary, discriminatory and unlawful under 14th Amdt." Trial date: Dec. 1, 1958.
||Calhoun v. Latimer.
(Atlanta.) (ND Ga., Atlanta Div., #6298.) Jan. 1958: Class action filed for 28 minors seeking temporary and permanent injunctions restraining Defs. from continuing to operate public schools on racially segregated basis. Defs.' motion to dismiss pending, alleging failure to exhaust administrative remedies.
E. E. Moore, Jr., Esq., Atlanta, Ga.; Thurgood Marshall, Esq., N. A. A. C. P. Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.
||Orleans Parish School Bd., et al. v. Bush, et al.
(New Orleans, La.) (ED La., #3630.) (138 F. Supp. 336, 337, aff'd. 242 F. 2d 156, cert. den. 351 U. S. 948; 354 U. S. 921; 252 F. 2d 253, cert. den. 356 U. S. 969.) 1955: Negro-Pls. filed suit for injunction to prevent Def.-Bd. from enforcing post-Brown decision statutes which directed State Bd. of Educ. to withhold approval and funds from any school admitting Negro and white students, and authorized parish school sup'ts. to assign children to public school. Feb. 15, 1956: 3-judge Ct. held all La. statutes aimed at preserving segregation invalid, DC Judge Wright issued order requiring Def.-Bd. to desegregate public schools "with all deliberate speed". May 1956: U.S.S.C. denied Def.-Bd's. motion for leave to file writ of mandamus testing decision by single DC judge instead of 3-judge Ct. March 1957: CA 5 affirmed DC decision, held 1954 La. constitutional amd't. basing segregated schools on state police power does not change its violation of 14th Amendment; pupil assignment law invalid for lack of standards. June 1957: U.S.S.C. denied certiorari. Feb. 1958: CA 5 again upheld DC injunction ordering desegregation with no date set. May 1958: U.S.S.C. denied Def.-Bd's. second petition for certiorari. Aug. 1958: DC held 1956 La. statute authorizing all-white and all-Negro schools invalid. Sept. 24, 1958: Def.-Bd. moved for stay of desegregation order till La. Sup. Ct. rules on validity of 1956 statute.
A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Hall, et al. v. St. Helena Parish School Bd., et al.
(ED La., Civ. #1068.) Facts and issues similar to 522.La1. Oct. 15, 1956: Def.'s motion to dismiss heard and submitted. Pending.
A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans, La.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.
||Angel, et al. v. La. State Bd. of Educ., et al.
(ED La., Baton Rouge Div., Civ. #1658.) 1956: Suit filed by Negro-Pls. for admission, on integrated basis, to five state-operated trade schools. Pending on Pls.' application for interlocutory injunction.
A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.
||Davis, Jr., et al. v. E. Baton Rouge Parish School Bd., et al.
(D La., Baton Rouge Div., Civ. #1662.) 1956: Suit filed by Pl.-Negro children for interlocutory injunction requiring Def.-Bd. to admit Pls. to school on integrated basis. Pending.
Alex L. Pitcher, Jr., Esq., 1501 E. Boulevard, Baton Rouge; A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans- 31 -
Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.
||Williams, et al. v. Prather, et al.
(WD La., #5000 Civ.) Suit for admission of Negro student to Northwestern State College, Natchitoches, La. Pl. asked for convening of 3-judge court. Apr. 22, 1955: Chief Judge of CA 5 refused to convene such court on ground it was not necessary in view of decision in Brown. Aug. 1956: Defs.' filed motion to dismiss for lack of proper party Pl. Pending.
A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans, La.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Robert L. Carter and Thurgood Marshall, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.
||Ludley v. Bd. of Supervisors, La. State Univ.
(ED La., Baton Rouge Div.) (252 F. 2d 372.) Jan. 1957: Pl.-Negro student attending La. State Univ. filed class action for temporary restraining order to prevent Univ. officials from refusing to permit her to register for Feb. term unless she furnished certificate of eligibility attesting to her good moral character signed by high school principal and sup't. of schools, under new La. statute. Issues: unconstitutionality of law, and companion measure making it criminal offense for school official to sign certificate for Negro seeking admission to white colleges. Jan 17: temp. restraining order issued. Apr. 1957: 2-judge Dist. Ct. held both laws unconstitutional. Feb. 1958: CA 5 affirmed DC decision. Oct. 13, 1958: U.S.S.C. denied Def.-Bd's petition for certiorari.
A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans, La.; Thurgood Marshall and Robert Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.
||Bailey v. La. State Bd. of Educ.
(ED La., Baton Rouge Div.) Pls.-six Negro students at McNeese State College brought suit. Facts, issues, status, counsel same as Ludley, 522.La7.
||Lark v. La. State Bd. of Educ.
(ED La., Baton Rouge Div.) Pls.-six Negro students at Southwestern La. Institute brought suit. Facts, issues, status, counsel same as Ludley, 522.La7.
||Henley, et al. v. La State Univ. Bd. of Supervisors.
(ED La., DC La., Christenberry.) Def.-Bd. sent letters to 10 Negro-Pls. that it was against Bd. policy to admit Negroes to new New Orleans campus. Sept. 8, 1958: DC issued preliminary injunction requiring Def.-Bd. to cease its policy of discrimination. Sept. 12: 53 Negro students, incl. Pls., attended classes at LSU in New Orleans; CA 5 denied Def.-Bd's. motion for stay of DC order.
A. P. Tureaud, Sr., Esq., N.A.A.C.P., 1821 Orleans Ave., New Orleans, La.
||Groves, et al. v. Bd. of Educ.
(St. Mary's Co.) (CA 4.) Pls.-Negro high school students denied admission to white schools Sept. 1957 because desegregation completed only in elementary schools. Having exhausted administrative remedy (see former suit, Robinson, 522.Md1, II DOCKET 24), application to white high school having been rejected, Pls. filed suit. Dist. Ct. held for Pls. Def.-Bd. denied stay of order by Chief Judge Sobeloff of CA 4. Pls. admitted to classes Sept., 1958.
Juanita Jackson Mitchell, Esq., Robert B. Watts, Esq., Tucker R. Dearing, Esq., and Jack Greenberg, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Hart v. Bd. of Educ.
(Charles Co.) (DC Md. #10485.) Pl.-Negro 2d grader attends formerly all-white public school, but denied transportation in white school bus, and rejected offered transportation in Negro bus. Injunctive action filed, pending.
Juanita Jackson Mitchell, Esq., Robert B. Watts, Esq., Tucker R. Dearing, Esq. and Jack Greenberg, Esq., N.A.A.C.P. Legal Def. Fund, 10 Columbus Circle, NYC.
||Mallory v. N.Y.C. Bd. of Education.
(NY Sup. Ct.) 1957: suit filed by Pl.-Negro parent challenging Def.- Bd.'s school zoning regulations, alleging gross differences between schools in city, with inferior segregated education in racially segregated neighborhoods. Sept. 1958: Sup. Ct. held for Def.-Bd., found Pl. had not shown deliberate segregation of pupils by Def.-Bd.
Paul B. Zuber, Esq., 2816 8th Ave., NYC.
||Matter of Skipwith.
(N.Y.C. Domestic Relations Ct.) Negro parents kept their 9 children out of 3 Harlem public schools on grounds schools are inferior and segregated, after School Bd. denied transfers to integrated schools outside their district. Oct. 28, 1958: parents summoned to Domestic Relations Ct.
Paul B. Zuber, Esq., 2816 8th Ave., NYC.
||Covington, et al. v. Edwards, Supt. of Schools, et al.
(Montgomery Co.) (MD N. Caro., Rockingham Div., Civ. #323.) (139 F. Supp. 161.) 1955: Pls. sought injunction to prevent segregation in county schools and ruling that N. C. school segregation law unconstitutional. April 1956: Dist. Ct. held: 1) 3-judge ct. not necessary to hear case; 2) N. C. constitutional proviso requiring separate schools unconstitutional; 3) local school bd. members are state officials and their action is state action. Oct. 1956: Pls. moved to amend complaint to attack constitutionality of new Pearsall Plan (for closing public schools under certain circumstances and giving state-aid to attend private schools), after its adoption as amdt. to State Constitution. Sept. 1958: Dist. Ct. dismissed case, held Pls. had not even alleged exhaustion of administrative remedies under 1955 N. C. Enrollment of Pupils Act.
C. O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N. C.; J. Kenneth Lee, P.O. Box 645; George A. Lawson, 914 Gorrell St., and Major S. High, 914 Gorrell St., Esqs., all of Greensboro, N. C.
And see Jeffers, 522.NC6, Holt, 522.NC7.
||Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al.
(MD N.C., Rockingham Div., #158-D.) 1957: Suit filed by Pls.-Negroes for permanent injunction ordering Defs. to desegregate public schools. Pending.
Herman C. Taylor, Esq., 126 Hargett St., Raleigh; C. J. Gates, Esq., 428½ E. Pettigrew St., and Milton Johnson, Esq., Logan Bldg., both of Durham, N. C.
||Jeffers v. Whitley, N. C. State Supt. of Public Instruction, N. C. Bd. of Educ., et al.
(Caswell Co.) (MD N.C., Greensboro Div., #1079.) Dec. 1956: class action- 32 -
filed challenging constitutionality of all state statutes and constitutional amendments to preserve segregated schools. Sept. 1958: Dist. Ct. held state officials do not exercise control over assignments under 1955 N. C. Enrollment of Pupils Act, ordered members of State Bd. of Educ. dismissed as parties; granted Pls. leave to file supplemental complaint alleging exhaustion of state administrative remedies.
||Holt, Jr. v. Bd. of Educ.
(Raleigh.) (ED N.C. #1064.) Pl.-Negro applied for reassignment to white school. Def.-Bd. rejected application. 1958: Pl. seeks immediate admission to white high school and injunction against Def.-Bd. continuing segregation in city schools. Aug. 29, 1958: Dist. Ct. held: (1) Pls. must exhaust administrative remedies under N. C. Assignment and Enrollment of Pupils Act; (2) Pls. complied by filing written application for reassignment form; (3) Pls. failed to comply with statutory requirements by not appearing in person, but only by counsel, at hearing of Bd. following its denial of reassignment. Appeal to CA 4 pending.
Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh, N. C.
||Brown, et al. v. Long, Pres., Morris Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., Civ. #4245.) 1957: 26 Negro Pls. filed suit for injunction to end segregation in public high school. Sept. 1957: Dist. Ct. ruled Pls. entitled to be enrolled and attend previously all-white school. Negro student moved to intervene, alleging Def.-Bd. denied him permission to enter high school after graduating from desegregated grade school. Sept. 15, 1958: heard and submitted.
Albert Alexander, Esq., 1501½ NE 10th St., Oklahoma City, Okla.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.
||Jefferson v. McCarty, Collins, Liberty Independent School Dist., et al.
(Okmulgee Co.) (ED Okla.) Suit by parents of 4 Negro children for admission to all-white school, alleging Def. Collins, principal of Negro elementary school, with interfering with transfer to white school. Sept. 15, 1958: heard and submitted.
Albert Alexander, Esq., 1501½ NE 10th St., Oklahoma City, Okla.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.
||Briggs v. Elliott.
(Clarendon Co.) (98 F. Supp. 529, 342 U. S. 350; 103 F. Supp. 920; 347 U. S. 483; 349 U.S. 294.) Companion case to Brown. On remand, 3-judge court entered decree July 1955: 1) holding state statutes and constitutional provisions requiring segregated schools unconstitutional; 2) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in jurisdiction after Defs. have made "necessary arrangements" for non-discriminatory admission, with no date for compliance set. Pending.
Spottswood W. Robinson, III, and Oliver W. Hill, Esqs., Richmond, Va.; Harold R. Boulware, Esq., Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Kelly, et al. v. Bd. of Educ.
(Nashville.) (MD Tenn., Nash. Div., Civ. #2094.) (139 F. Supp. 578.) Suit filed Sept. 23, 1955 by relatives of 21 Negro children denied admission to white schools. 3-judge court asked to set aside Tenn. segregation laws and constitutional provisions. White Fisk U. Prof. Rempfer filed petition to amend suit to seek Ct. order compelling Def. to admit his 2 children to nearby Negro elementary schools rather than distant white schools. Jan. 1957: Dist. Ct. approved Def.'s plan for gradual integration of Nashville public schools starting with first grade in Sept. 1957, ordered Def. to submit definite plans for ending segregation in other public school grades by Dec. 1957. Fall 1957: first graders integrated under plan. Feb. 1958: DC denied Def.-Bd's motion to dismiss, held administrative remedy under state Pupil Assignment Act inadequate, held Pupil Preference Plan unconstitutional, under which parents would choose whether to send students to segregated or integrated schools. Ct. ordered Bd. to adopt by Apr. 7 a "substantial plan and one which contemplates elimination of racial discrimination throughout the school system with all deliberate speed." Feb. 1958: after bombing of school, DC issued restraining order to prevent interference with orderly desegregation of city schools. June 1958: DC accepted Def.-Bd. plan to end segregation at rate of one new grade each yr. Appeals by Pls. and Defs. pending in CA 6.
Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Ward v. Bd. of Educ.
(Knoxville.) (ED Tenn., N. Div., #3158.) Jan. 1957: Class action filed for injunctive relief requiring Def.-Bd. to desegregate schools. June 28, 1957: Def.-Bd. filed brief alleging it had made start to solution of desegregation problems by holding faculty conference to discuss question. Dec.: Pls. again petitioned Dist. Ct. to set trial date soon. DC pointed out 3 members of Bd. elected in Nov. needed time to help Bd. draft plan. Pending.
||Pls. v. Tenn. Bd. of Educ., et al.
(Memphis State University.) (WD Tenn.) (See Booker, II DOCKET 25, 46, 80, 240 F. 2d 689, cert. den. 353 U.S. 965.) Fall 1957: following litigation, Def.-Bd. desegregated all colleges and universities, effective Fall 1958. 8 Negro students applied for admission to MSU, passed entrance test. Sept. 1958: Def.-Bd. postponed integration at MSU til Fall 1959, and denied students admission too late to apply elsewhere. Suit filed by 4. Sept. 15, 1958: Dist. Ct. denied Pls.' motion for temporary restraining order.
H. T. Lockard, Esq., 322½ Beale St., Memphis, Tenn.
||Ross v. Rogers, Pres., Houston Independent School Dist.
(DC Tex., Houston, #10,444.) Pl.-Negro child seeking injunction to prevent continued segregation in Houston public schools, specifically seeking admission of Pl. to nearby all-white school. Oct. 15, 1957: DC held certain Texas school segregation statutes void, enjoined Defs. from requiring segregation "from and after such time as may be necessary for admission to schools on non-segregated basis", but no date for integration set.
Henry E. Doyle, Esq., 618 Prairie Ave., Houston, Texas.
||Dallas Independent School Dist. v. Edgar.
(Tex. Dist. Ct.) Aug. 1958: Pl.-Bd. filed suit challenging constitutionality of 1958 Texas acts providing that any school dist. integrating without first gaining approval with local option will lose all state educational funds, and that no pupil can be forced to attend integrated school over written objection- 33 -
of parent. Pl.-Bd. was under Fedl. Ct. order to desegregate at time laws passed. (See Borders v. Rippy, II DOCKET 25, 46, III DOCKET 17, 41, 61, 247 F. 2d 268, and see 523 Tex 2, III DOCKET 62.) Oct. 27: heard and submitted.
||Davis v. County School Bd.
(Prince Edward Co.) (DC Va.) (103 F. Supp. 337; 347 U. S. 483; 349 U. S. 294, companion case to Brown; 142 F. Supp. 616; 149 F. Supp. 431, 249 F. 2d 462, cert. den. 355 U. S. 953.) On remand, 3-judge court entered decree July 18, 1955: 1) setting aside 1952 decree in part; 2) ruling Va. Const. of 1902, sec. 140 and Va. Code of 1950, sec. 22-221 (requiring segregated schools) not be enforced by Defs. because in violation of Equal Protection Clause of 14th Amdt.; 3) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in their jurisdiction after Defs. have made "necessary arrangements" for such a non-discriminatory admission "with all deliberate speed" but Ct.'s refusal to require such rearrangement by Sept., 1955 (as requested by Pls.) "is not inconsistent with the public interest or with the decision of the Supreme Court"; 4) retaining jurisdiction for further action, if necessary. April 1956: Pls. moved for ct. order requiring Def.-Bd. to make "prompt and reasonable start" toward racial integration in public schools. Jan. 1957: Dist. Ct. refused to set deadline for integration: "It is imperative that additional time be given Defs. * * * who find themselves in a position of helplessness unless the Ct. considers their situation from an equitable and reasonable viewpoint." CA 4 reversed DC, held Def.-Bd. must make "prompt and reasonable start" toward desegregation, directed DC to enter such an order. Mar. 1958: U.S.S.C. denied Def.'s petition for certiorari. Aug. 4, 1958; DC granted tentative 7-year delay in desegregation.
Spottswood W. Robinson, III, and Oliver W. Hill, Esqs., Richmond, Va.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Corbin, et al. v. School Bd.
(Pulaski Co.) (WD Va., Roanoke, #341 Civ.) (177 F. 2d 924.) Dist. Ct. dismissed Pl.'s suit for admission to white public high school. CA 4 reversed and remanded for trial. Pending since Dec. 1955. Hill, Martin and Robinson, Esqs., 623 N. 3d, Richmond, Va.
||Atkins, et al. v. School Bd., et al.
(Newport News.) (ED Va., Newport News Div., Civ. #489.) (246 F. 2d 325, cert. den. 355 U.S. 855.) Apr. 1956: Suit by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: Dist. Ct. ruled for Pls., ordered Defs. to start desegregation of 1st and 8th grades by Aug. 15, 1957. July 1957: CA 4 affirmed DC desegregation order, ruled Va. Pupil Placement Law unconstitutional. Oct. 1957: U.S.S.C. denied certiorari. City of Newport News merged with City of Warwick. Sept. 2, 1958: Pls. asked temporary order restraining Def.-Bd. from denying admission of 10 Negro children to white school. Sept. 8: Dist. Ct. refused injunction, said it would be unfair to order desegregation in middle of school year. Hearing: Nov. 28, 1958.
W. Hale Thompson, Esq., 611 25th St. and Philip S. Walker, Esq., 2411 Jefferson Ave., both of Newport News, Va.; Spottswood W. Robinson, III, Esq., 623 North 3rd St. and Oliver W. Hill, Esq., 118 East Leigh St., both of Richmond, Va.
||Beckett, et al. v. School Bd.
(Norfolk.) (ED Va., Civ. #2214.) 1956: suit filed by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: Dist. Ct. ruled for Pls., ordered Defs. to start desegregation of 1st, 7th and 10th grades by Aug. 1957. Jy. 1957: CA 4 affirmed, ruled Va. Pupil Placement Law unconstitutional. Oct. 1957: U.S.S.C. denied certiorari. Aug. 1958: Def.-Bd. rejected applications of 151 Negro students who applied for admission to white schools, later assigned 17 Negro pupils to formerly all-white schools. Sept. 3: Dist. Ct. denied Def.-Bd.'s petition for 1-yr. postponement of integration. Sept. 18: Dist. Ct. invalidated state ct. injunction to prevent Def.-Bd. from assigning Negro pupils to all-white schools. Sept. 23: Cir. Judge Sobeloff (of CA 4) denied Def.-Bd. stay in enrollment of the 17. Sept. 27: CA 4 denied State's petition for a stay; Gov. Almond immediately issued order closing and assuming control of all six white jr. and sr. high schools.
Victor J. Ashe, Esq., 1134 Church, J. Hugo Madison, Esq., 1017 Church, and Spottswood W. Robinson, III and Oliver W. Hill, Esqs., 623 N. 3d St., all of Richmond, Va.
||Allen, et al. v. School Bd.
(Charlottesville.) (WD Va., #51.) After Pls.-Negro pupils filed integration suit, Aug. 6, 1956: Dist. Ct. ordered Def.-Bd. to desegregate public schools by Fall 1956, granted stay pending appeal. Dec. 1956: CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Jy. 1957: Dist. Ct. ordered that its 1956 integration injunction be made effective at commencement of semester next following determination by U.S.S.C. on constitutionality of Va. Pupil Placement Act. May 1958: Dist. Ct. set Sept. 1958 as effective date; 2 Negro students applied for admission to all-white elementary school. Sept. 9: Dist. Ct. ordered Def.-Bd. to admit 2 Negroes to white high school and 10 to white grade school. Sept. 17: Cir. Judge Sobeloff (CA 4) denied Def.-Bd's. petition for stay. Sept. 19: Gov. Almond assumed control over white high school and grade school, ordered them closed.
Oliver W. Hill and Spottswood W. Robinson, III, Esqs., 623 N. 3d St., Richmond.
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||Thompson, et al. v. School Bd.
(Arlington.) (ED Va., #1341.) (144 F. Supp. 239, 240 F. 2d 59, cert. den. 353 U.S. 911; 252 F. 2d 929, cert. den. 356 U.S. 958.) Aug. 1956: Ct. ordered Def.-Bd. to desegregate public elementary schools Jan. 31, 1957, jr. and sr. high schools Sept. 1957; granted stay pending appeal. Dec. 1956: CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Sept. 1957: Dist. Ct. ordered Def.-Bd. to comply with 1956 desegregation order despite Va. Pupil Placement Act; granted stay pending appeal. Feb. 1958: CA 4 affirmed. May 1958: U.S.S.C. denied Def's. petition for certiorari. Sept. 1958: 3-day hearing before Dist. Ct. in which Def.-Bd. listed reasons for rejection of applications of 30 Negro pupils for admission to previously all-white schools: 1) applicants lived outside districts of schools they applied for; 2) white high school over-crowded; 3) applicants lacked academic achievements required; 4) applicants' individual psychological problems; 5) some applicants not adaptable to situations in white schools. Sept. 17: Dist. Ct. ordered 4 Negro pupils admitted to Jr. High, but, since term already started, the 4 could be admitted in Jan. 1959; refused applications of 26 Negro pupils on grounds 1), 2) and 3) above. Pls. appeal pending in CA 4.
Edwin C. Brown, Esq., 1200 Cameron St., Alexandria, Va.
||Kilbry, et al. v. Warren Co. School Bd.
(Front Royal.) (WD Va.) July 1958: Def.-Bd. received mail applications from 25 Negro pupils to attend all-white grade and high schools. Aug. 1958: Def.-Bd. referred applications to State Pupil Placement Bd. with recommendation that they be turned down. Aug. 29: State Bd. rejected applications; 26 Negro-Pls. filed desegregation suit. Sept. 2: schools opened on segregated basis. Sept. 8: Dist. Ct. signed order restraining Def.-Bd. from refusing to enroll 22 Negro pupils in white high school, postponed effective date one week; denied, for time being, petition for enrollment of Negro pupils in grade school. Sept. 12: Cir. Judge Sobeloff (CA 4) denied delay of Dist. Ct. order till full CA 4 could hear case. Sept. 12: Def.-Bd. suspended classes "to have opportunity to properly review applications" from Negro pupils. Sept. 12: Gov. Almond closed Warren Co. high school under Chapter 9.1 of Va. Code, and held all authority over school vested in himself. Sept. 27: CA 4 rejected Def.-Bd's. petition for stay of integration order.
Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va.
||Warden, et al. v. School Bd.
(Richmond.) (ED Va.) Sept. 2, 1958: 6 Negro pupils, denied admittance to white schools, filed desegregation suit. Sept. 14: Def.-Bd. asked Va. Pupil Placement Bd. to authorize transfer of white grade school to Negroes because of low white population in area. Va. Pupil Placement Bd. approved change, transferred remaining white pupils in school to other white schools. Sept. 17: Def.-Bd. filed motion to dismiss suit, alleging Va. Pupil Placement Bd. should have been sole Def. because it has sole authority to enroll and assign pupils under new Va. law. Pending.
||Hundley, et al. v. School Bd.
(Alexandria.) (ED Va.) Sept. 5, 1958: 14 Negro pupils filed desegregation suit. Sept. 8: Dist. Ct. denied Pls.' petition for temporary injunction. Schools opened on segregated basis. Def.-Bd. fired mother of two Negro Pls. from her job as school cook, due to her position as Pl. in case. Pending.