522. Suits to enforce integration
Law review articles:
Will Maslow, De facto public school segregation, 6 Vill. L. Rev. 353-76.
William L. Taylor, Actions in equity by the U.S. to enforce school desegregation, 29 Geo. Wash. L. Rev. 539.54.
||Koen v. Knight.
(Ala. Vocational Schools.) (SD Ala., #2434.) Facts: VI DOCKET 94.*
Charles F. Wilson, Esq., 507 W. Gadsden, Pensacola; Clarence F. Moses, Esq., 101 N. Cedar, Mobile, Ala.
||Reed v. Washington Co. Bd. of Educ.
(Reeds Chapel.) (SD Ala., #2549.) Facts: VI DOCKET 94. June 19, 1961: hearing on Defs'. motion to dismiss.
Grady Hurst, Jr., Esq., P.O. Box 331, Chatom, Ala.
||Norwood v. Tucker.
(Little Rock.) (DC Ark., #3113.) (287 F. 2d 798.) Facts: VI DOCKET 36, 94. May 28, 1961: Pls. asked DC to order more Negro pupils admitted to previously all-white Jr. Highs; pending.
||Dove v. Parham.
(Dollarway School Dist.) (ED Ark., #3680.) Facts: VI DOCKET 36, 94. May 12, 1961: DC approved Bd's. plan for 1961-62 school yr.; ordered Bd. to report assignments of Negro pupils under plan by Jy. 15, 1961, and denials of assignments, if any.
||Evans v. Ennis.
(7 Dela. Cos.) (DC Dela.) Facts: VI DOCKET 70. May 22, 1961: hearing on modified segregation plan.
||Mannings v. Bd. of Public Instruction of Hillsborough Co.
(Tampa.) (SD Fla., #3554.)*
||Augustus v. Escambia Co. Bd. of Public Educ.
(Pensacola.) (ND Fla., #1064.) (CA 5.) Facts: VI DOCKET 37, 94. June 14, 1961: Bd. submitted desegregation plan to DC. Pending.
||Tillman v. Bd. of Public Inst., Volusia Co.
(SD Fla., Jacksonville Div., #4501.)*
And see Bd. of Inst., 523.Fla2.
||Braxton v. Bd. of Public Inst., Duval Co.
(Jacksonville.) (SD Fla., #4598.) (U.S.S.C.) Facts: VI DOCKET 70, 94. Mar. 1961: DC denied Def.-Bd's. motion for 3-judge ct. to hear case. Def. filed mandamus action in U.S.S.C.
||Calhoun v. Latimer.
(ND Ga., Atlanta Div., #6298.) Facts: VI DOCKET 37. June 14, 1961: Def.-School Bd. approved transfers of 10 Negroes to white high schools in Sept. 1961 to start integration under DC order. 40 Negroes appealed from rejection of their applications to transfer; pending.
E. E. More, Jr., Esq., Atlanta, Ga.
||White v. Singleton.
(Knox Co.) (ED Ky., London, #1086.) Facts: VI DOCKET 70. Mar. 29, 1961: Def.-School Bd. resolved to integrate Co. school system in its entirety beginning with 1961-62 term. DC ordered Def. to pay costs; case stricken from docket.
||Bush v. Orleans Parish School Bd.
(New Orleans, La.) (ED La., #3630.) (CA 5, #19520.) (U.S.S.C., #812.) Facts: VI DOCKET 37-8, 70, 94. May 9, 1961: Pl. filed motion for desegregation of all New Orleans public schools in Sept. 1961. Bd. does not plan to desegregate all 2d grades in Sept. 1961 or to follow grade-a-yr. plan, but merely to desegregate 1st grades again, with extensive testing of all pupils seeking assignment to different schools. May 16, 1961: DC postponed h'g. indefinitely.
May 8, 1961: U.S.S.C. unanimously affirmed, per curiam, 3-judge ct. decision holding La. laws unconstitutional re control of New Orleans schools.
||U.S. v. Jackson, La. Supt. of Public Educ.
(ED La.) Facts: VI DOCKET 70, 94.
And see 523.La1.
||Hall v. St. Helena Parish School Bd.
(CA 5, #18523.) Facts: VI DOCKET 38, 70, 94. Apr. 23, 1961: registered voters (only 4 Negroes). voted to close public schools rather than integrate them: 1,147 to 57. Apr. 27, 1961: 3-judge fedl. ct. posed questions to Negro Pls. challenging school closing statutes, Def.-Bd., and U.S. Atty. Genl.: "Is it implicit in today's concept of due process that a child has a right to a public school education, even though there is no provision in the state constitution requiring the state to maintain a public school system?" Ct. invited 50 state attys. genl. to comment, amicus, on questions: "Would abandonment by a state of its public school system deprive children of rights guaranteed by the due process and equal protection clauses of Fourteenth Amendment? Would answer be the same if abandonment were on local-option basis after vote of electorate authorizing school authorities to close public schools?" Pending.
||E. Baton Rouge Parish School Bd. v. Davis.
(ED La., Baton Rouge Div., Civ. #1662.)*
||Williams v. Prather.
(Northwestern State College.) (WD La., #5000 Civ.)*
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||Meredith v. Univ. of Mississippi.
(DC Miss., Biloxi.) Pl. Negro student filed suit for integration of Univ. of Miss., injunctive relief ordering acceptance of his application. Pending.
||Russell v. Adams, Heffley.
(Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.) Facts: VI DOCKET 38. Apr. 29, 1961: Def.-Bd. announced rezoning which will permit Pl's. children to attend formerly all-white school near their home.
Henry L. Twigg, Esq., St. Louis.
||Taylor v. Bd. of Educ.
(New Rochelle.) (SD NY.) Facts: VI DOCKET 38, 71, 95. May 31, 1961: DC rejected Def.-Bd's. desegregation plan, ordered: beginning 1961-62, any child in Lincoln School permitted to transfer to any other school in New Rochelle with vacancies, parents to pay transportation costs; no academic or emotional standards required to transfer; transferred children to remain in new school throughout educational career. Jy. 17, 1961: argument in CA 2 on stay of DC order, and appeal.
Amicus appearance by U.S. Dept. of Justice, Civil Rights Div., Burke Marshall, Esq.
29 G. Wash. L. Rev. 786-93.
||Jeffers v. Whitley, N.C. Supt. of Public Instruction.
(Caswell Co.) (MD N.C., Greensboro Div., #1079.)*
||McCoy v. Greensboro Bd. of Educ.
(MD N.C., #C-25-9-59.) Facts: VI DOCKET 38-9. May 12, 1961: DC ordered Def. to admit children to "appropriate schools in accordance with their constitutional rights".
47 Va. L. Rev. 514-18.
||Morrow v. Mecklenburg Bd. of Educ.
(Mecklenburg Co.) (MD N.C., #1415.) Facts: VI DOCKET 39. June 22, 1961: DC dismissed suit, taxed costs against Pl.
||Becton v. Greene Co. Bd. of Educ.
(ED N.C., #458.)*
||Wheeler v. Durham City Bd. of Educ.
(MD N.C., #C-54-D-60.)*
||Spaulding v. Durham City Bd. of Educ.
(MD N.C., #C-116-D-60.)*
||Vickers v. Chapel Hill Bd. of Educ.
(MD N.C., 11-D-60.)*
||North Carolina v. Chance.
(Hartnett Co. Super. Co.)*
||Chance v. Hartnett Co. Bd. of Educ.
(DC N.C., Raleigh Div., #1263.)*
||Wynn v. Trs., Charlotte Community College System.
(Mecklenburg Co. Super. Ct.) Taxpayers suit filed by 2 Negro Pls. for injunction to halt construction of new campus for Carver College, now meeting in high school bldgs. Allegations: Carver is all-Negro school; Charlotte College is all-white; construction of new campus will perpetuate segregated colleges. Pending.
J. Charles Morris, Esq., Charlotte, N.C.
||Phila. Chapter, N.A.A.C.P. v. Phila. Bd. of Educ.
(ED Pa.) June 7, 1961: suit filed alleging Def.-Bd. discriminates in assignment of teachers, establishment of school boundaries, transfer of pupils, all on basis of race. Pls. ask order requiring Defs. to submit desegregation plan. Pending.
||Briggs v. Elliott
(Clarendon Co.) (ED S.C., #2657.)*
||Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1.
(Clarendon Co.) (ED S.C., #7210.)*
||Pls. v. School Dist.
(Charleston.) (S.C. Sup. Ct.)*
||Hood v. Bd. of Trustees.
(Sumter Co.) (CA 4.) Facts: VI DOCKET 95. DC denied Pls'. permanent injunction. Appeal pending.
||Goss v. Bd. of Education.
(Knoxville.) (CA 6, #14425.)*
||Northcross v. Memphis Bd. of Educ.
||Mapp v. Chattanooga Bd. of Educ.
(CA 6, #14444.) Facts: VI DOCKET 40, 71, 95. May 25, 1961: CA 6 denied Pls'. motion to advance hg. on appeal to June. Hg. date: Oct. 1961.
||Maxwell v. Davidson Co. Bd. of Educ.
(near Nashville.) (CA 6, #14607.)*
||Pls. v. Bd. of Educ.
(Abilene.) (Texas Sup. Ct.)*
||Flax v. Potts.
(Fort Worth.) (ND Tex., Fort Worth Div., #4205.) Facts: VI DOCKET 40. Hearing postponed.
||Robinson v. Evans.
(Galveston.) (ED Tex., #2643.)*
||Eastland v. Wheat.
(Northeast Houston.) (SD Tex., #13,330.)*
||Allen v. County School Bd.
(Prince Edward Co.) (ED Va., #1333.) Facts: VI DOCKET 40, 71. Apr. 26, 1961: U.S. Dept. of Justice filed motion to become party-Pl., for DC order: 1) prohibiting use of state funds for any public schools in Va. as long as Def.-Co. does not provide public schools in Co.; 2) prohibiting use of state or Co. funds in Co. private schools; 3) enjoining state and local officials from refusing to maintain system of free public schools in Co. June 14, 1961: DC denied motion for intervention by U.S.: it would "unduly delay and prejudice" rights of original parties. Pending.
||Adkinson v. School Bd.
(Newport News.) (ED Va., Newport News Div., #642.)*
. v. School Bd. (Norfolk.) (CA 4, #8053.) (282 F. 2d 473.)*
||Allen v. School Bd.
(Charlottesville.) (CA 4, #8238.)*
||Thompson v. School Bd.
(Arlington.) (ED Va., #1341.)*
||Warden v. School Bd.
(Richmond.) (ED Va., #2819.) Facts: VI DOCKET 41. Mar. 30, 1961: tried and submitted.
||Jones v. School Bd.
(Alexandria.) (ED Va., #1770.)*
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||Goins v. Grayson Co. School Bd.
(Galax.) (WD Va., Abington Div., #776.)*
||Blackwell v. School Bd.
(Fairfax Co.) (ED Va., #1967.)*
||Green and Iseley v. Bd. of Educ.
(Roanoke City and Co.) (WD Va., ##1093, 1095.) Facts: VI DOCKET 72. May 1961: cases tried; decision reversed.
||Thompson v. School Bd. of Arlington Co.