522. Suits to enforce integration
||Matthews et al. v. Launius, et al.
(Bearden Dist.) (WD Ark., Civ., #570.)*
||Norwood, et al. v. Tucker, et al.
(formerly Aaron v. McKinley.) (Little Rock.) (CA 8, #16586.) For facts, see IV DOCKET 29, 60. 82, 107, V DOCKET 16. Sept. 2, 1960: DC denied applications of 14 Negro students for admission to white high schools, sustained validity of Ark. and Little Rock pupil assignment laws, held Pls. must exhaust administrative remedies singly. Appeal pending in CA 8.
||Dove v. Parham.
(Dollarway School Dist.) (CA 8.) (176 F. Supp. 242, 271 F. 2d 132, 181 F. Supp. 504, 183 F. Supp. 389.) For facts, see I VDOCKET 82, 108, V DOCKET 16, 62. Pl.-studnets given physical exams, intelligence tests, interviewed by psychiatrist; Def.-Bd. denied 3 applications for transfer to all-white schools. On appeal to DC, Ct. held: 1) not necessary for Pls. to pursue state ct. remedy; 2) racial factors had been considered by Bd.; ordered Bd. to submit affirmative plan to eliminate racial segregation. Bd. submitted plan: a) during transition period, race will be given consideration "as an existing fact"; b) transfers will be discouraged except in exceptional cases; c) set no time limit for "transition". Apr. 30, 1960: DC accepted plan as good faith start; rejected Pls. complaints against Bd's. denial of applications for transfer; retained jurisdiction to hear complaints. Aug. 30, 1960: CA 8 reversed; found Def.-Bd. applying constitutional Pupil Assignment Laws illegally; held: "After a lapse of six years we think a board should be required to come forth with something more objectively indicative as a program of aim and action than a speculative possibility wrapped in dissuasive qualifications . . . It is our view that the obligation of a school district . . . cannot be said to have been met by a process of applying placement standards, educational theories, or other criteria, which produce the result of leaving the previous racial situation existing, just as before". CA affirmed denial of complaint by 3 Pls.; remanded to DC.
||Evans, et al. v. Ennis, et al.
(U.S.S.C.) For facts, see IV DOCKET 30, 82, 108, V DOCKET 16, 39, 62. Jy. 19, 1960: CA 3 vacated DC judgment which had approved state-wide "stair-step" plan, ordered Def.-Bd. to submit modified plan providing for full integration of all grades commencing with Fall 1961, to continue grade-by-grade integration until modified plan put into operation. Aug. 29: CA 3 denied Def's. petition for rehearing. Sept. 1: U.S.S.C., in special term, denied Def's. application for stay of CA order.
||Dennis, et al. v. Baker, et al.
(Dover.) (DC Dela.)*
||Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al.
(SD Fla., #6978-M.)*
||Mannings, et al. v. Bd. of Public Instruction of Hills-borough Co.
(Tampa.) (SD Fla., #3554.) (277 F. 2d 370.)*
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||Re Lake Co. School Bond Issue.
(Fla. S. Ct.)*
||Augustus, et al. v. Escambia Co. Bd. of Public Education.
(Pensacola.) (ND Fla., #1064.) For facts, see V DOCKET 39. Oct. 25, 1960: pre-trial.
Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.; Constance B. Motley, Esq., 10 Columbus Circle, NYC.
||Tillman v. Bd. of Public Inst., Volusia Co.
(SD Fla., #4501.) Pl.-Negro parents sued for injunction against Def.-Bd. operating schools on racially segregated basis. Def.-Bd. brought state ct. suit for declaratory judgment on Fla. Pupil Assignment Laws. (See V DOCKET 64, 523.Fla2.) Defs. moved to stay this DC proceeding pending their state ct. suit. Jy. 18, 1960: DC denied Def's. motion for stay.
Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.
And see Bd. of Inst., 523.Fla2.
||Calhoun v. Latimer.
(Atlanta.) (ND Ga., Atlanta Div., #6298.)*
||Holmes v. Danner.
(U. of Ga.) (ND Ga.) Class action filed against Def.-Registrar, U. of Ga., for admission of qualified Negro students. Sept. 14, 1960: hearing on Pl's. motion for preliminary injunction.
Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Bush, et al. v. Orleans Parish School Bd., et al.
(U.S.S.C.) For facts, see IV DOCKET 30, 60, 82, 108, V DOCKET 39, 62. June 1960: Def.-Bd. sought stay of DC order requiring integration in Sept. 1960; CA 5 denied stay; U.S.S.C. denied stay. Jy. 29, 1960: state ct. issued injunction against La. Gov. and Atty. Genl. carrying out desegregation plan ordered by DC beginning Sept. 1960. Aug. 27, 1960: 3-judge fedl. ct. held 7 La. school segregation statutes unconstitutional, restrained state ct. from enforcing Jy. 29 injunction. Aug. 30, 1960: DC postponed effective date of desegregation order until Nov. 14, 1960 on Def.-Bd's. representation that state ct. injunction had prevented it from implementing DC integration order. Aug. 30, 1960: La. Atty. Genl. noted direct appeal to U.S.S.C. from Aug. 27 fedl. ct. decision, applied for stay of Nov. 14, 1960 date. Sept. 1, 1960: U.S.S.C., in special term, denied stay, denied motion to vacate DC integration order.
||Hall, et al. v. St. Helena Parish School Bd., et al.
(CA 5, #18523.) For facts, see IV DOCKET 30, V DOCKET 39, 62. Def.-Bd. and Def.-intervenor white parents filed appeal to CA 5; pending.
||Angel, et al. v. La. State Bd. of Educ., et al.
(6 La. Trades Schools.) (CA 5, #18521.) For facts, see IV DOCKET 30, 62. Def.-Bd's. appeal pending in CA 5.
||Davis, Jr., et al. v. Baton Rouge Parish School Bd., et al.
(ED La., Baton Rouge Div., #1662.)*
||Williams, et al. v. Prather, et al.
(La. Northwestern State College.) (WD La., #5000.)*
||Henley, et al. v. La. State Univ. Bd. of Superivsors.
(La. State U., New Orleans Branch.) (CA 5, #17421.)*
||Allen v. La. State Bd. of Educ.
(Shreveport Trade School.) (CA 5, #18522.) Class action to enjoin exclusion of Negroes from Def's. Trade School. May 24, 1960: DC granted Pls'. motion for summary judgment. Def.-Bd's. appeal pending in CA 5.
||Pettit v. Harford Co. Bd. of Educ.
(DC Md., #11955.)*
||Myers v. Md. Bd. of Public Welfare.
(Md. Training Schools.) (Balt. City Cir. Ct., #A-142 File 40055.) Suit to enjoin racial segregation in state training schools for juvenile delinquents. Jy. 1, 1960: Ct. held these schools part of state public education system, statutes establishing racial segregation therein violate Fourteenth Amdt. due process and equal protection clauses, ordered Def.-Bd. to cease practices. Def's. appeal pending.
||Russell v. Adams, Heffley, et al.
(Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.)*
||Howard Savings Institution v. Tr., Amherst College, et al.
(Essex Co. Super Ct., Chancery.) For Facts, see V DOCKET 63. Cite: 160 A. 2d 177.
||Aug. 31, 1960: NYC Bd. of Educ. announced new policy permitting students in NYC jr. and sr. high schools to transfer from segregated and Puerto Rican public schools to under-utilized schools with large white student populations.
||Jeffers v. Whitley, N.C. State Supt. of Public Instruction, N.C. Bd. of Educ., et al.
(Caswell Co.) (MD NC., Greensboro Div., #1079.)*
||Holt, Jr. v. Bd. of Educ.
(Raleigh.) (For facts, see IV DOCKET 32, 83, V DOCKET 17. After U.S.S.C. denied cert., Pl. graduated. Case closed.
||McCoy, et al. v. Greensboro City Bd. of Educ., N.C. Advisory Comm. on Educ., N.C. State Bd. of Educ., et al.
(CA 4, #8127.) (179 F. Supp. 745.) For facts, see IV DOCKET 83, V DOCKET 39. Def.-Bd. granted Negro-Pls. requests for assignment to all-white school; granted transfers to all white teachers and pupils to other schools; transferred in Negro teachers and other Negro pupils. DC found Pls'. complaint moot, granted Def's. motion for summary judgment. Pls'. appeal on Bd's. actions pending in CA 4.
||Morrow, et al. v. Mecklenburg Co. Bd. of Educ., et al.
(WD N.C., #1415.)*
||Griffith, et al. v. Robinson, et al.
(Yancey Co.) (WD N.C., #1881.) For facts, see V DOCKET 39. Sept. 21, 1960: DC held for Pls., directed Def's. to admit Negro pupils to previously all-white high schools in Co. within 30 days.
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||Becton, et al. v. Greene Co. Bd. of Educ., et al.
(ED N.C., #458.) For facts, see V DOCKET 63.*
C. O. Pearson, Esq., P.O. Box 1428, Durham, N.C.
||Wheeler v. Durham City Bd. of Educ.
(MD N.C., #C-54-D-60.) For facts, see V DOCKET 63.*
C. O. Pearson, Esq., P. O. Box 1428, and William A. Marsh, Jr., Esq., P.O. Box 125, both of Durham, N.C.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Vickers v. Chapel Hill Bd. of Educ.
(MD N.C., #11-D-60.) For facts, see V DOCKET 63. DC denied Defs'. motions to strike and to dismiss. Def.-Bd. converted white school to which 7th grade-Pl. sought admission from grades 1-8 to grades 1-6, reassigned Pl. to all-Negro jr.-sr. high school; denied transfers to Negro pupils in higher grades. June 27, 1960: Def.-Bd. assigned 3 Negro first-graders to white schools in Sept. 1960. Oct. 3, 1960: trial of Pl's. suit in DC.
C. O. Pearson, Esq., P.O. Box 1428, Durham, N.C.; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Briggs v. Elliott.
(Cladendon Co.) (ED S.C., #2657.)*
||Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1.
(Clarendon Co.) (ED S.C., #7210.) For facts, see V DOCKET 63.*
Lincoln C. Jenkins, Jr., Esq., 1107½ Washington St., Columbia, S.C.; Matthew J. Perry, Esq., 371½ S. Liberty, Spartanburg, S.C.
||Hayes v. Co. School Comm. of Rutherford Co.
(MD Tenn., #2767.)*
||Goss v. Bd. of Education.
(Knoxville.) (ED Tenn., #3984.) For facts, see V DOCKET 40, 63. Aug. 19, 1960: DC approved Def.-Bd's. "stair step plan of desegregation with free transfers" for all save technical and vocational courses offered at one white high school, which Bd. was ordered to restudy.
||Northcross, et al. v. City of Memphis, Bd. of Educ.
(WD Tenn., #3931.)*
||Mapp, et al. v. City of Chattanooga Bd. of Educ.
(ED Tenn., #3564.) For facts, see V DOCKET 63. Cross-motions for summary judgment pending.
R. H. Craig, Esq., Chattanooga, Tenn.; Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Boson, et al. v. Rippy, et al.
(formerly Borders v.) (Dallas.) (CA 5, #18046.) (133 F. Supp. 811, 233 F. 2d 796; c.d. 352 U.S. 878; 146 F. Supp. 485, 247 F. 2d 268; 250 F. 2d 690, 850; 275 F. 2d 850; and see 255 F. 2d 455.) For facts, see IV DOCKET 109, V DOCKET 63. DC accepted Def.-Bd. plan for tri-school plan: some all-Negro schools; some all-white schools; some integrated schools, with pupils choosing which type of school they would attend, ordered plan to begin Sept. 1961. Aug. 6, 1960: Dallas voted 30,324 against integration but 7,416 for integration in referendum suggested by DC to test public feeling, but election without legal effect. Pls. appeal from DC decision pending.
||Ross v. Peterson, Pres., Houston Independent School Dist.
(formerly v. Rogers.) (DC Tex., Houston, #10,144.) For facts, see IV DOCKET 32, V DOCKET 63. Aug. 4, 1960: DC rejected Def.-Bd.'s. plan to integrate one high school, one jr. high and one elementary school as "a palpable sham and subterfuge designed only to accomplish further evasion and delay"; ordered integration of one grade each year starting with first grade in Sept. 1960. CA 5 refused Def's. petition for stay. Sept. 1, 1960: U.S.S.C. in special term, rejected Def's. plea for a stay. Sept. 6, 1960: Texas Atty. Genl. ruled Def.-Bd. would not lose $6 million in State aid if forced to integrate by fedl. ct. order. Sept. 6, 1960: CA 5 rejected Def's. appeal from DC integration order. Sept. 8, 1960: some few Negro first graders entered previously all-white schools.
||Pls. v. Bd. of Educ.
(Abilene.) (Texas Sup. Ct.)*
||Flax, et al. v. Potts, et al.
(Fort Worth.) (ND Tex., Fort Worth Div., #4205.)*
||Simmons v. Edwards.
(Friendship School Dist.) (ND Tex., Lubbock, #2631.)*
||Robinson v. Evans.
(Galveston.) (SD Tex., #2643.) For facts, see V DOCKET 40. DC, on own motion, postponed trial date from June 20, 1960 till Jan. 1961 term.
||County School Bd. v. Allen, et al.
(Prince Edward Co.) (ED Va., #1333.) (266 F. 2d 507, 511.) For facts, see IV DOCKET 33, 83, 109, V DOCKET 17. Apr. 22, 1960: DC vacated inconsistent terms of previous judgment and entered order in accordance with CA 4 mandate that Def.-Bd. make plans for admission of pupils in elementary schools without regard to race and to receive and consider applications to this end "at the earliest practical day".
||Crisp, et al. v. School Bd.
(Pulaski Co.) (WD Va., Roanoke, #341.)*
||Atkins, et al. v. School Bd., et al.
(Newport News.) (ED Va., Newport News Div., #489.) For facts, see IV DOCKET 33. Aug. 24, 1959: case dismissed.
||Adkinson v. School Bd.
(Newport News.) (ED Va., Newport News Div., #642.)*
||Farley v. Turner.
(formerly Beckett v. School Bd.) (Norfolk.) (CA 4, #8054.) (260 F. 2d 18, 181 F. Supp. 870.) For facts, see IV DOCKET 33, 62, 83, V DOCKET 17, 40, 64. June 28, 1960: CA 4 affirmed DC finding that Def.-Bd. applied Va. School Assignment Law in unconstitutional manner and direction to Def.-Bd. to desist from forwarding to Va. State Bd. of Educ. applications of Negro pupils seeking transfers to white schools.
||Hill v. School Bd.
(Norfolk.) (CA 4, #8053.) This is companion appeal to Farley, 522.Va4. Sept. 9, 1960: CA 4 affirmed, per curiam, DC judgment sustaining Def.-Bd's. rejection of applications of certain Negro pupils for transfers to all-white schools. But CA held Negroes, on promotion to all-white or mixed school may not be subjected to tests if white pupils promoted to same schools are not;- 95 -
arrangement under which assignments to first grade in primary schools are still on racial basis, and pupil so assigned required to remain unless reassigned on basis of criteria not applied to pupils who do not seek transfers, "does not meeting requirements of the law".
||Allen, et al. v. School Bd.
(Charlottesville.) (WD Va., #51.)*
||Thompson, et al. v. School Bd.
(formerly Hamm v.) (Arlington.) (ED Va., #1341.) For facts, see IV DOCKET 33, 62, 84, 109. CA 4 remanded to DC for further consideration in light of CA 4 decision in Jones, 522.Va15a. Jy. 21, 1960: trial in DC on 20 Negro pupils' applications for transfer; pending.
||Warden, et al. v. School Bd.
(Richmond.) (ED Va., Richmond, #2819.)*
||Jones, et al. v. School Bd.
(Alexandria.) (CA 4, #7897.) (179 F. Supp. 280.) For facts, see V DOCKET 41. Feb. 2, 1960: DC did not transfer 5 Negro Pls. on proof by Def.-Bd. that 3 lived nearer Negro school than white school to which they sought transfers, 2 academically below average of schools to which they sought admission. Apr. 20, 1960: CA 4 affirmed. DC, on own motion, ordered Def.-Bd. to reconsider applications of 16 Negro pupils in light of CA decision. Bd. reported 13 of 16 reassigned on non-segregated basis for 1960-61 school year. Sept. 6, 1960: DC hearing on remaining 3 applications.
||Walker v. School Bd.
(Floyd Co.) (WD Va., Roanoke, #1012.) For facts, see V DOCKET 17. Sept. 8, 1960: DC issued permanent injunction against Def's. denying Pls. right to be enrolled in Co. schools Sept. 1960.
||Brooks v. School Bd.
(Galax.) (DC Va., Abingdon Div., #722.) For facts, see V DOCKET 17. June 28, 1960: action dismissed without prejudice on Pls'. motion.
||Blair v. School Bd.
(Grayson Co.) (WD Va., Abingdon Div., #721.) For facts, see V DOCKET 17. Apr. 30, 1960: action dismissed without prejudice on Pls.' motion.
||Goins v. School Bd.
(Grayson Co.) (WD Va., Abingdon Div., #776.) Class action for integration of Co. high schools. Sept. 18, 1960: DC issued permanent injunction against Def.-Bd. discriminating for reasons of race or color as to any high school student residing in Co. Def's. appeal to CA 4 pending.
||Blackwell v. School Bd.
(Fairfax Co.) (ED Va., #1967.) Class action for injunctive relief requiring Def.-Bd. to desegregate Co. schools. Def.-Bd. submitted to DC "stair step plan" with Va. Pupil Assignment Law provisions. Sept. 8, 1960: trial on merits in DC.