522. Suits to enforce integration
- 36 -
||Matthews v. Launius.
(Bearden Dist.) (WD Ark., Civ. #570.) (134 F. Supp. 684.) 1952: Injunction suit filed by Negro-Pls. to force equalization of public school facilities; amended, after Brown decisions to require immediate integration. Oct. 1955: DC ordered integration by Fall 1956 at latest. Oct. 1956: order entered continuing procedings, 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.
||Norwood v. Tucker.
(Little Rock.) (CA 8, #16586.) (143 F. Supp. 855, 243 F. 2d 361, cert. den. 357 U.S. 566; 358 U.S. 1, 27, 28, 29.) Feb. 1956: integration suit filed. Aug. 1956: DC 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 Co. 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. 3 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 off 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: after hearing, DC stayed integration order for 2½ yrs. because of conditions in Little Rock. June: U.S.S.C. denied Pls. direct appeal. Aug. 1958: CA 8 reversed. Sept. 12, 1958: U.S.S.C. uanimously affirmed CA, ending CA stay of desegregation order. Jan. 1959: after hearing, DC ordered Def.-Bd. to move forward within official powers to carry out integration plan, submit report in 30 days. Feb. 3: DC accepted Def.-Bd's. report but motion to reopen schools on segregated basis denied. June 1959: 3-judge fedl. ct. held unconstitutional Acts 4 and 5 of 1958 (school closing and state aid transfer laws). Sept. 1959: Def.-school Bd. assigned 9 Negro students to Central High, affirmed denial of reassignment to 52 Negro applicants. 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. Nov. 17, 1960: appeal heard and submitted.
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.
||Dove v. Parham.
(Dollarway School Dist.) (ED Ark., #3680.) (176 F.S. 242, 271 F. 2d 132; 181 F.S. 504, 183 F.S. 389, 282 F. 2d 256.) 1959: 3 Negro-Pls. sue for desegregation of public schools. Aug. 1959: 3-judge fedl. ct. ordered immediate integration by admission of 3 Pls. Sept. 1959: CA 8 reversed admission order, affirmed DC holding Pupil Placement Law constitutional with its 15 standards to be considered re each pupil seeking transfer, incl.: residential proximity, scholastic aptitude, mental energy, impact of pupil's admission on other pupils. Oct. 1959: 3 pupils applied for transfers under Pupil Placement Law; Def.-Bd., after giving physical and mental examinations, denied applications. Feb. 1960: DC held Pls. could not transfer to all-white school spring term 1960, ordered Def.-Dist. to file positive plan of racial integration within 30 days. March 1960: CA 8 denied Pls'. motion to expedite appeal. May 1960: Pls. applied for transfers to white school in Sept. 1960. Pls. given physical exams, intelligence tests, interviewed by psychiatrist; Def.-Bd. denied 3 applications. DC held on appeal: 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. 1960: DC accepted plan as good faith start; rejected Pls. complaints against Bd's. denial of applications for transfer. Aug. 1960: CA 8 reversed; found Def.-Bd. applying constitutional Pupil Assignment Laws illegally; held: "After a lapse of six years . . . 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"; affirmed denial of complaint by 3 Pls. Oct. 1960: DC ordered Bd. to submit desegregation plan within 30 days.
||Evans v. Ennis.
(7 Dela. Cos.) (DC Dela.) (152 F.S. 886, 256 F. 2d 688, cert den. 358 U.S. 836; 281 F. 2d 385.) 1956: 7 integration suits filed. Jy. 1957: DC held for Pls., made decision applicable to all school districts in state having no plans for desegregation by Fall 1957, ordered Dela. Bd. of Educ. to submit plan for desegregatiton. May 1958: CA 3 affirmed. U.S.S.C. denied Bd's. petition for certiorari. Apr. 1959: DC approved Def.-Bd. plan for stair-step integration starting Sept. 1959, eliminated provisions permitting pupils to choose own school and requiring Negro children to register for first grade but not white children. Jy. 1960: CA 3 vacated DC judgment, 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. 1960: CA 3 denied rehearing. Sept. 1960: U.S.S.C., in special term, denied Def's. application for stay. Sept. 1960: first grade integrated. Bd. must present plan to DC by Dec. 31, 1960.
Louis L. Redding, Esq., 923 Market St., Wilmington, Dela.
||Gibson v. Dade Co. Bd. of Public Instruction.
(SD Fla., #6978-M.) (272 F. 2d 763.) 1956: action filed for injunction to prevent Def.-Bd. from continuing operation of segregated public schools under Fla. Pupil Assignment Law. DC dismissed, held Pls. had not sought and been denied admission to particular schools on nonsegregated basis. Jy. 1957: CA 5 reversed, held consideration of constitutionality of Act premature. Fall 1959: Def.-Bd. initiated token integration in one school in Co. Dec. 1959: CA 5 held Pupil Assignment Law may not be used as excuse to delay desegregation, found admission of a few Negroes under Law as "token" of compliance not sufficient, ordered Def.-Bd. to submit plan for desegregation. DC approved Def.-Bd's. letter to all parents detailing children's right to apply to any school in Co. Bd. rejected applications of six Negro students to attend white schools, on ground it would disrupt classroom procedure at this time. Pending.- 37 -
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.
||Mannings v. Bd. of Public Instruction of Hillsborough Co.
(Tampa.) (SD Fla., #3554.) (277 F. 2d 370.) Sept. 1959: Negro Pls. filed for admission to Def.-Bd's. schools on non-segregated basis. Sept: DC denied injunction, held Pls. failed to follow procedure in Pupil Placement Laws, which would provide just remedy. CA 5 reversed, held Pls. entitled to have suits heard on merits whether or not they had followed procedures required by pupil assignment laws. Pending in DC.
Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa; Constance Baker Motley and Thurgood Marshall, Esqs., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.
||Augustus v. Escambia Co. Bd. of Public Education.
(Pensacola.) (ND Fla., #1064.) 1959: class suit by 12 Negro children for injunction against Def.-Bd's. practice of racial discrimination and for immediate desegregation at all levels and phases of school system, including students, teachers, administrative personnel, or, in alternative, for orderly plan of compliance with Brown decision. Jan. 16, 1961: hearing in DC.
Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.; Constance B. Motley, Esq., N.A.A.C.P. Legal Defense Fund, 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, moved to stay DC proceeding pending state suit. Jy. 1960: DC denied Def's. motion for stay. Nov. 30, 1960: Def's. motion to dismiss pending.
Thurgood Marshall, Esqs., 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.) Jan. 1958: Class action filed for 28 minors seeking injunction restraining Defs. from continuing to operate public schools on racially segregated basis. Jy. 1959: DC enjoined Def.-Bd. from discriminating against Negro pupils, ordered Bd. to submit desegregation plan by Dec. 1959. Jan. 1960: Def.-Bd. submitted revised plan similar to pupil placement plan, but applied to 12th grade first, in reverse stairstep; time given to pupils appealing from placement decisions before opening of school in Fall 1960; omission of economic status as factor in placement; retention of scholastic, social and psychological factors and possibility of racial strife. May 1960: DC postponed effective date of integration order to May 1961, requiring integration of 12th and 11th grades in Fall 1961, to give Ga. legislature opportunity to change statutes to permit integration rather than closing of schools.
E. E. Moore, Jr., Esq., Atlanta, Ga.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, 10 Columbus Circle, NYC.
||Holmes v. Danner.
(U. of Ga.) (ND Ga.) 1960: class action filed against Def.-Registrar, U. of Ga., for admission of 2 qualified Negro students. Sept. 25, 1960: DC denied Pls'. motion for preliminary injunction. Pending.
Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Browne, Jordan and Wittkamper v. School Bd., Americus, Ga.
(MD Ga.) 1942: Koinonia Community established near Americus as religious fellowship believing in non-violence and racial equality. Pls. — white children of Community — attended Def's. elementary schools. Sept. 12, 1960: Pls. sued for $500. damages and admission to Def's. high school, alleging denial of admission because of "where they were from", in violation of 1871 Civil Rights Act. Oct. 25, 1960: DC issued permanent injunction against Def. refusing to admit Koinonia students; held Def's. action state action denying equal protection; Def.-Bd. "may not arbitrarily refuse to admit a transfer student for 'any reason at all, or for no reason' . . ."
||Orleans Parish School Bd. v. Bush.
(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; 118 So. 2d 127, 471.) 1955: Negro-Pls. sued for injunction to prevent Def.-Bd. from enforcing La. statutes directing State Bd. of Educ. to withhold approval and funds from any school admitting Negro and white students, authorizing parish school sup'ts. to assign children to public schools. Feb. 1956: 3-judge fedl. ct. held statutes invalid, DC Judge Wright issued order to Def.-Bd. to desegregate public schools "with all deliberate speed". March 1957: CA 5 affirmed, 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 order. 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. Oct. 1958: DC entered final decree ordering desegregation. Jy. 1959: DC ordered Def.-Bd. to prepare plan by Mar. 1960 for complete desegregation, suggesting 12-yr. "stairstep" plan. May 1960: Def.-Bd. having failed to propose plan, DC ordered stairstep plan beginning with first grade in Fall 1960. CA 5 denied stay; U.S.S.C. denied stay. Jy. 1960: state ct. issued injunction against La. Gov. and Atty. Genl. carrying out desegregation plan 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. Sept. 1, 1960: U.S.S.C., in special term, denied Def's. application for stay, denied motion to vacate DC integration order. Nov. 10, 1960: Comm. of La. legislators took over public schools from Def.-Bd. under new La. statutes; DC issued temporary order restraining state interference with integration. Nov. 14, 1960: 4 Negro first graders entered 2 previously all-white public schools.- 38 -
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.
And see 523.La1.
||Hall v. St. Helena Parish School Bd.
(CA 5, #18523.) Facts and issues similar to 522.La1. Oct. 1956: Def's. motion to dismiss heard and submitted. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation by Def.-Bd. Def.-Bd. and Def.-intervenor white parents' appeal to CA 5 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 v. La. State Bd. of Educ., et al.
(La. Trade Schools.) (CA 5.) 1956: suit filed by Negro-Pls. for admission, on integrated basis, to five state-operated trade schools. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation. Def's. appeal pending.
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. v. E. Baton Rouge Parish School Bd.
(ED La., Baton Rouge Div., Civ. #1662.) 1956: suit filed by Pl.-Negro children for injunction requiring Def.-Bd. to admit Pls. to school on integrated basis. Apr. 28, 1960: DC granted Pl's. motion for summary judgment.
Alex L. Pitcher, Jr., Esq., 1501 E. Boulevard, Baton Rouge; 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.
||Williams v. Prather.
(Northwestern State College.) (WD La., #5000 Civ.) Suit for admission of Negro student to State College. Pl. asked for convening of 3-judge court. Apr. 1955: Chief Justice 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.
||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.
||Pettit v. Harford Co. Bd. of Educ.
(DC Md.) 1959-60: under Moore decision, (522.Md2, III DOCKET 61,) stairstep integration plan covered 1st-8th grades; pupils in higher grades seeeking transfer to white schools must pass special tests. Pl.-9th grader refused transfer after taking tests, sued to challenge pupil placement procedure. May 1960: DC ordered Pl. admitted to white school.
||State Bd. of Public Welfare v. Myers.
(Md. Training Schools.) (Md. Sup. Ct., #162.) 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 argued Dec. 15, 1960.
Tucker R. Dearing and Juanita Jackson Mitchell, Esqs., both of Baltimore; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.
||Russell v. Adams, Heffley.
(Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.) Oct. 1959: Pl.-Negro parent petitioned for writ of mandamus requiring Defs. to permit his children to enroll in all-white public school near his home. Dec. 1959: Ct. denied Def's. motion to quash. June 1960: heard and submitted.
||People of New York v. Dennis.
(New Rochelle.) (New Rochelle City Ct.) Sept. 26, 1960: trespass charges filed against Negro parents who sought to register children in all-white school not in their neighborhood. Nov. 4, 1960: complaint dismissed, ct. holding parents had right to protest in dramatic and effective fashion; no public interest was injured by such protest.
Paul Zuber, Esq., 2816 Eighth Ave., NYC.
||Taylor, et al. v. Bd. of Educ.
(New Rochelle.) (SD NY.) Oct. 1960: action filed by Negro parents to prohibit Bd. of Educ. from enforcing neighborhood school policy when such enforcement would result in racially segregated school. Nov.-Dec. 1960: trial in DC.
Paul Zuber, Esq., 2816 Eighth Ave., NYC.
Amicus curiae brief filed by Leo J. Linder and Charles T. McKinney, Esqs., for N.Y.C. Chapter, National Lawyers Guild, 154 Nassau, NYC.
||Jeffers v. Whitley, N.C. Supt. of Public Instruction.
(Caswell Co.) (MD N.C., Greensboro Div., #1079.) Dec. 1956: class action filed challenging constitutionality of all state statutes and constitutional amendments to preserve segregated schools. Sept. 1958: DC 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 amend alleging exhaustion of state administrative remedies. Dec. 20, 1960: oral argument.
C. O. Pearson and William A. Marsh, Jr., Esqs., 203½ E. Chapel Hill St., Durham, N.C.
||McCoy v. Greensboro Bd. of Educ., N.C. Advisory Comm. on Educ., N.C. State Bd. of Educ.
(CA 4, #8127.) (179 F. Supp. 745.) 1957: 4 Negro pupils enrolled in all-white school. Pl.-Negroes sued to compel Bd. to transfer them to same school. 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. Nov. 14, 1960: CA 4 reversed.- 39 -
J. Kenneth Lee, Esq., P.O. Box 645, Greensboro, N.C.; Conrad O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Morrow v. Mecklenburg Bd. of Educ.
(Mecklenburg Co.) (MD N.C., #1415.) Pls.-Negro children sued for compelling Def.-Bd. to transfer them to previously all-white school. Case continued to Jan. 1961.
||Griffith v. Robinson.
(Yancey Co.) (WD N.C., #1881.) 1958: Public school formerly used for Negro students condemned; students transported 80 mi. per day to Asheville city schools. Fall 1959: 27 Negro pupils asked for immediate admission to all-white Co. school; Def.-Bd. refused. Suit filed asking injunctive relief. Sept. 12, 1960: DC held for Pls., directed Defs. to admit Negro pupils to previously all-white high schools in Co. within 30 days; Bd. complied. Decision as to Negro elementary pupils awaited.
Ruben J. Dailey, Esq., Eagle St., Asheville, N.C.; Conrad O. Pearson, Esq., Chapel Hill St., Durham, N.C.; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.
||Becton v. Greene Co. Bd. of Educ.
(ED N.C., #458.) Apr. 1960: suit filed by 5 Negro students for injunction against Def.-Bd. operating segregated schools and denying Pls. admission to all-white schools after they exhausted all administrative remedies. Pending.
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.) 1959: 225 Negro students applied for transfers to white schools. Def.-Bd. accepted 8 requests for transfers. Apr. 1960: suit by parents of 161 Negro students not permitted to transfer, alleging: Pls. have exhausted administrative remedies under N.C. pupil placement laws, Def.-Bd. acted arbitrarily in holding meeting after term began to consider some assignment requests and denying without further consideration all requests by students whose parents not represented in person at Bd. meeting. Trial date: Dec. 20, 1960.
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 and Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Vickers v. Chapel Hill Bd. of Educ.
(MD N.C., 11-D-60.) Pl.-Negro student sued to restrain Def.-Bd. from making assignments solely on basis of race, to require reassignment of Pl. to white school near his home. DC denied Def's. 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. 1960: trial in DC; Dec. 20, 1960: oral argument.
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.
||North Carolina v. Chance.
(Hartnett Co. Super. Ct.) Aug. 30, 1960: Am. Indian parents sought to enroll children in previously all-white Dunn High School, instead of in Indian School 35 miles away; denied admission; pupils sat-in classes anyway for one week. Super. Ct. issued injunction against Indian parents; Sept. 30, 1960: held 2 parents in contempt, $150. and $100. fines.
||North Carolina v. Chance.
(Hartnett Co. Super. Ct.) City Ct.) Am. Indian Defs. in 522.NC16a tried for trespassing on school property; decision awaited.
||Chance v. Hartnett Co. Bd. of Educ.
(ED N.C.) Oct. 15, 1960: class suit by 3 Am. Indian Pls. filed for admission to Co. public schools. Oct. 17, 1960: DC issued temporary order directing Def. to admit Pls. pending final decision. Oct. 23, 1960: DC dissolved order. Nov. 26, 1960: hearing on injunction.
Nelson Taylor, Esq., Raleigh, N.C.
||Briggs v. Elliott.
(Clarendon Co.) (ED S.C., #2657.) (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. Aug. 30, 1959: 15 Negro students applied for reassignment to white schools to School Bd., which held applications too late for action 1959-60 school yr.
Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va.; Harold R. Boulware, Esq.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1.
(Clarendon Co.) (ED S.C., #7210.) Apr. 1960: suit filed seeking desegregation of Summerton schools in Co. Def's. motions to dismiss or find suit not a class action pending.
Lincoln C. Jenkins, Jr., Esq., 1107½ Washington St., Columbia, S.C.; Matthew J. Perry, Esq., 371½ S. Liberty, Spartanburg, S.C.
||Goss v. Bd. of Education.
(Knoxville.) (CA 6.) Dec. 1959: class suit filed asking desegragation of all public schools in city, DC declined to issue temporary restraining order ex parte. Feb. 8, 1960: DC ordered Def.-Bd. to submit system-wide integration plan Apr. 8, 1960; Bd. complied. Aug. 1960: DC approved Def.-Bd's. "stair step plan of desegregation" starting with first grade in Fall 1960, "with free transfers" for all save technical and vocational courses offered at one white high school, which Bd. was ordered to restudy. Pl's. appeal pending.
Carl A. Cowan, Esq., 101½ W. Vine Ave., Knoxville; Z. Alexander Looby, Avon N. Williams, Esq., 327 Charlotte Ave., Nashville; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.
||Northcross v. City of Memphis Bd. of Educ.
(WD Tenn.) March 30, 1960: suit filed by parents of 18 Negro- 40 -
pupils for total, immediate desegregation of all city schools. Def. alleges Pls. have not availed themselves of appeal procedure under Tenn. pupil placement law, not yet tested in cts. Def's. motion to dismiss pending.
||Mapp v. City of Chattanooga Bd. of Educ.
(ED Tenn., #3564.) Apr. 1960: suit filed by parents of 4 Negro pupils asking desegregation of students, teachers and principals in city schools. May 5, 1960: DC sustained Def.-Bd's. motion to strike all issues re personnel assignment. Nov. 3, 1960: DC sustained Pls'. motion for summary judgment, ordered Def. to submit desegregation plan by Dec. 20, 1960.
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.
||Maxwell v. Davidson Co. Bd. of Educ.
(near Nashville.) (MD Tenn.) Sept. 18, 1960: 12 Negro-Pls. filed desegregation suit. Oct. 27, 1960: after 4-day hearing on grade-a-year stair step plan proposed by Def., DC ordered desegregation of grades 1-4 in Feb. 1961, of fifth grade in Sept. 1961, to catch up with similar plan in Nashville. Defs. will comply. DC ordered desegregataion of special summer courses for 11th and 12th graders in upper 25% of class.
Avon Williams and Z. Alexander Looby, Esqs., 327 Charlotte Ave., Nashville.
||Boson v. Rippy
(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.) Negro-Pls. filed desegregation suit. Oct. 1955: DC dismissed; May 1956; CA 5 reversed and remanded. Dec. 1956: DC again dismissed; Jy. 1957: CA 5 reversed and remanded. Sept. 1957: DC ordered Def.-School Bd. to desegregate Feb. 1958; Dec. 1957: CA 5 reversed, held Bd. must have sufficient time to plan. Jy. 1959: DC rejected Pls'. petition for immediate integration. Mar. 1960: CA 5 ordered (2-1) Def.-Bd. to submit public school desegregation plan by May 1, 1960. Def.-Bd. proposed stairstep integration plan starting in first grade in Sept. 1961. June 4, 1960: DC suggested Bd. prepare new plan, not as broad as proposal. 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 argued Nov. 15.
U. Simpson Tate, Esq., 2600 Flora St., Dallas.
||Pls. v. Bd. of Educ.
(Abilene.) (Texas Sup. Ct.) Pls.-Negro children sue for admission to public school near Dyess Air Force Base attended exclusively by children of military personnel. Issue: constitutionality of state law cutting off funds to any county which permits integration without referendum. Pending.
||Flax v. Potts.
(Fort Worth.) (ND Tex., Fort Worth Div., #4205.) Oct. 1959: suit on behalf of Negro school children for admission to schools on desegregated basis filed. Pending decision by CA 5 in Boson, 522.Tex5.
L. Clifford Davis, Esq., 403 E. 9th St., Fort Worth; W. J. Durham, Esq., 2600 Flora St., Dallas; Thurgood Marshall, N.A.A.C.P. Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.
||Robinson v. Evans.
(Galveston.) (SD Tex., #2643.) Parents of Negro school children sue for admission to public schools on desegregated basis. DC, on own motion, postponed trial date from June 20, 1960 till Jan. 1961 term.
||Eastland v. Wheat.
(Northeast Houston.) (SD Tex.) Sept. 27, 1960: Negro Pls. filed desegregation suit. Pending.
||Davis v. County School Bd.
(Prince Edward Co.) (ED Va,. #1333.) (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, 164 F. Supp. 786, 266 F. 2d 507, 511.) On remand, 3-judge court entered decree July 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 non-discriminatory admission "with all deliberate speed" but Ct's. refusal to require such rearrangement by Sept. 1955 "is not inconsistent with the public interest or with the decision of the Supreme Court". April 1956: Pls. moved for ct. order requiring Def.-Bd. to make start. Jan. 1957: DC refused to set deadline for integration. CA 4 reversed; Mar. 1958: U.S.S.C. denied Def's petition for certiorari. Aug. 1958: DC granted tentative 7-year delay. May 1959: CA 4 unanimously reversed; schools. Apr. 1960: DC vocated inconsistent terms of previ-U.S.S.C. denied certiorari. Sept. 1960: Def. Bd. closed doors. Apr. 1960: DC vacated inconsistent terms of previous judgment, 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". Sept. 1960: Pls. amended complaint asking injunction against Def.-Bd. keeping schools closed. Pending.
Oliver W. Hill, Esq., 118 E. Leigh, Richmond, Va.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
||Adkinson v. School Bd.
(Newport News.) (ED Va., Newport News Div., #642.) Parents of ten Negro school children sued for admission to all-white elementary school. May 1959: DC ordered Def.-Bd. to prepare desegregation plan. Nov. 30, 1959: Def.-Bd. submitted one paragraph plan leaving assignment of students to State Placement Bd. Dec. 1959: DC ordered Def.-Bd. to file meaningful plan by March 15 or be in contempt, suggested submission of alternative plans: ignoring State Placement Bd., or assuming Bd. would act in accord with U.S. Constitution. Apr. 1960: Def.-Bd. submitted desegregation plan requiring applicants for transfer to be tested, assignments on basis- 41 -
of mental and moral health, intelligence, suitability of existing curricula, pupil's adaptability to emotional and social adjustment to be made. Pending.
||Hill v. School Bd.
(Norfolk.) (CA 4, #8053.) (246 F. 2d 325, c.d. 355 U.S. 855, 260 F. 2d 18; 181 F. Supp. 870, 281 F. 2d 131.) 1956: suit filed by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: DC 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 applicants for admission to white schools, then assigned 17. Sept. 3: DC denied Def's. petition for 1-yr. postponement of integration. Sept. 18: DC invalidated state ct. injunction to prevent Def. from assigning Negro pupils to all-white schools. Sept. 27: CA 4 denied stay; affirmed and remanded. Gov. Almond immediately issued order closing and assuming control of all six white jr. and sr. high schools. Jan. 1959: DC prohibited Norfolk City Council from cutting off funds for all grades above 6th in Negro and white schools. Feb. 1959: 17 Negro students admitted to reopened school, previously all-white. Oct. 1959: after hearing, DC ordered Va. Pupil Placement Bd. to assign 4 Negro students to Norfolk public school or face contempt proceedings, affirmed Bd's. rejection of 130 Negro applicants. Nov. 1959: Def. complied. Dec. 9: DC ordered Def. relieved of responsibility to deal with State Pupil Placement Bd. because it applied Pupil Placement Law in unconstitutional manner. June 1960: CA 4 affirmed. Aug. 1960: DC held Def. unconstitutionally administered assignment procedures by testing Negro, but not white, applicants to 2 high schools, ordered 5 Negro applicants admitted who had been rejected on basis of test. Sept. 9, 1960: CA 4 held arrangement under which assignments to first grade in primary schools are still on racial basis, and pupil so assigned is required to remain unless reassigned on basis of criteria not applied to pupils who do not seek transfers, "does not meet requirements of the law".
Victor J. Ashe, Esq., 1134 Church. J. Hugo Madison, Esq., 1017 Church, and Oliver W. Hill, Esqs., 623 N. 3d St., all of Richmond, Va.
||Allen, et al. v. School Bd.
(Charlottesville.) (CA 4, #7794.) After Pl.-Negro pupils filed integration suit, Aug. 1956: DC ordered Def. 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: DC 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: DC set Sept. 1958 as effective date: 2 Negro students applied for admission to all-white elementary school. Sept. 1958: DC ordered Def. to admit them to white high school and 10 to white grade school. Sept. 17: Cir. Judge (CA 4) denied Def's. petition for stay. Sept. 19: Gov. Almond assumed control over white high school and grade school, ordered them closed. Jan. 1959: CA 4 stayed DC order, Def. to submit plan within 20 days; dismissed appeal; remanded. Feb. 1959: CA judge permitted schools to reopen on segregated basis, Bd. to submit desegregation plan for Fall 1959. May: Pls. and DC approved Def. Bd's. pupil assignment plan, with 12 Negro children to be assigned to schools previously all-white. June 1959: 11 assigned, 1 rejected. Aug. 15, 1960: DC declined to order 10 rejected Negro applicants admitted to all-white schools. Appeal pending.
Oliver W. Hill, Esq., 623 N. 3d St., Richmond.
||Thompson 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: DC ordered Def. to desegregate public elementary schools Jan. 31, 1957, jr. and sr. high schools Sept. 1957; granted stay pending appeal. CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Sept. 1957: DC ordered Def. to comply with 1956 desegregation order despite Va. Pupil Placement Act; granted stay pending appeal. CA 4 affirmed. May 1958: U.S.S.C. denied Def's. petition for certiorari. Sept. 1958: Def. listed reasons for rejection 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. DC ordered 4 Negro pupils admitted to Jr. High in Jan. 1959; refused applications of 26 Negro pupils on grounds 1), 2) and 3) above. Jan. 1959: CA 4 affirmed, did not pass on propriety of five tests laid down by Def. Feb. 1959: 4 Negro Pls. admitted. June 1959: DC ordered Def. to review applications of 26 Negro students denied admission to all-white classes, held Def. Bd., not State Pupil Placement Bd., responsible for making pupil assignments; rejected Pl's. motion that Def. submit desegregation plan for Co. DC ordered 12 of 22 applicants admitted; 10 rejected on geographical grounds. Sept. 1959: DC ordered 7 more Negro pupils admitted. 1960: CA 4 remanded to DC. DC ordered 11 additional Negro pupils admitted to previously white schools, rejected 9 on geographical, neighborhood and traffic basis.
Edwin C. Brown, Esq., 1200 Cameron St., Alexandria.
||Warden v. School Bd.
(Richmond.) (ED Va., #2819.) 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, transferred remaining white pupils in school to other white schools. Apr. 1960: CA 4 affirmed DC order admitting 9 Negro children to all-white schools, denying admittance to 5 Negro children, held lack of academic ability and residences closer to Negro school than to white school valid criteria.
||Jones v. School Bd.
(Alexandria.) (ED Va., #1770.) (179 F. Supp. 280, 278 F. 2d 72.) Parents of 17 Negro children sued for admission to all-white schools. Feb. 1960: DC ordered 8 Pls. admitted to all-white schools; denied transfers to 5 Negro Pls. on proof by Def. that 3 lived nearer Negro school than white school to which they- 42 -
sought transfers, 2 academically below average of schools to which they sought admission. Apr. 1960: CA 4 affirmed. DC, on own motion, ordered Def. to reconsider applications of 16 Negro pupils in light of CA decision. Va. Pupil Placement Bd. assigned 13 on non-segregated basis for 1960-61 school year. DC rejected 2 applications on geographical grounds.
Otto L. Tucker, Esq., 901 Princess St., Alexandria, Va.
And see Tucker, 373.8.
||Goins v. Grayson Co. School Bd.
(Galax.) (WD Va., Abington Div., #776.) 300 white pupils from Grayson Co. attended Galax City high school under contract between 2 school bds. Sept. 9, 1960: DC ordered 8 Negro Pls. in desegregation suit admitted to Galax High. City Bd. promptly broke contract with Co. Bd., announced no Co. students admissable thereafter. In consultation with Judge Sobeloff, CA 4, 2 Bds. agreed to admit 300 white and 8 Negro Co. students to City school, new contract to be negotiated for 1961.
||Blackwell v. School Bd.
(Fairfax Co.) (ED Va., #1967.) Class action for injunctive relief requiring Def. to admit 31 Negro pupils to previously all-white schools. Def. submitted "stair step plan" with Va. Pupil Assignment Law provision, approved applications of 5 Pls., rejected 25. Sept. 22, 1960: DC., after analyzing racial population in Co. (51,803 white — 2,020 Negro), rejected 12 yr. stairstep integration plan, ordered 15 Pls. admitted immediately to all grades, accepted Bd. rejection of 10 applicants on scholarship and geographical grounds.