522. Suits to enforce integration
||Koen v. Knight.
(Ala. Vocational Schools.) (SD Ala., #2434.) Facts: VI DOCKET 94. Oct. 3, 1961: DC denied Pls'. motion to advance cause on docket.
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||Reed v. Washington Co. Bd. of Educ.
(Reeds Chapel.) (CA 5.) Facts: VI DOCKET 94, 122. Jy. 7, 1961: DC granted Def's. motion to dismiss. Pls'. appeal pending.
||Norwood v. Tucker.
(Little Rock.) (CA 5.) Facts: VI DOCKET 36, 94, 122. Sept. 21, 1961: DC denied Pls'. motion for admission of more Negro students to Jr. Highs. No appeal; court retains jurisdiction.
||Dove v. Parham.
(Dollarway School Dist.) (ED Ark., #3680.) Facts: VI DOCKET 36, 94, 122. Aug. 25, 1961: DC approved Bd., under its desegregation plan, denying admission of some Pls., directed Bd. to admit 2 intervenors at 1st grade level in Sept. 1961.
George Howard, Esq., 329½ Main St., Pine Bluff, Ark.; Robert L. Carter, Esq., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
||Evans v. Ennis.
(7 Dela. Cos.) (DC Dela., # #1816-1821.) June 26, 1961: DC upheld Def.-Bd's. short-range desegregation plan providing for registration of Negro children in white schools in area, transfers according to ability of schools to accept them, and long-range plan of total desegregation by 1970.
||Mannings v. Bd. of Public Instruction of Hillsborough Co.
(Tampa.) (SD Fla., #3534.)*
And see Oct. 5, 1961 action of Def.-Bd. transferring handicapped son of Negro minister to previously all-white school for handicapped.
||Augustus v. Escambia Co. Bd. of Public Educ.
(Pensacola.) (CA 5.) Facts: VI DOCKET 37, 94, 122. Sept. 8, 1961: DC approved Def's. plan for gradual desegregation beginning Sept. 1962, with modifications: must apply to all Co. public schools including white and Negro state junior colleges; parents can apply for admission or transfer of children now, effective Sept. 1962. Pls'. appeal from approval pending.
||Tillman v. Bd. of Public Inst., Volusia Co.
(SD Fla., Jacksonville Div., #4501.) Facts: VI DOCKET 37, 70. Oct. 17, 1961: hearing on Def's. motion for summary judgment.
And see Bd. of Inst., 523.Fla2.
||Braxton v. Bd. of Public Inst., Duval Co.
(Jacksonville.) (SD Fla., #4598.) (CA 5.) (U.S.S.C.) Facts: VI DOCKET 70, 94, 122. Appeal in CA. June 19, 1961: U.S.S.C. denied Def's. mandamus action for appointment of 3-judge fedl. ct. Oct. 11, 1961: Pl. moved for order setting date for final hearing.
||Bornas v. Bd. of Public Inst., Broward Co.
(Ft. Lauderdale.) (Broward Co. Cir. Ct.) Class suit for desegregation of public schools filed. Pending.
Tobias Simon, Esq., 706 Ainsley Bldg., Miami.
||Weaver v. Bd. of Public Inst., Brevard Co.
(SD Fla., Orlando Div.) Class suit for desegregation of public schools filed. Pending.
Francisco A. Rodriguez, Esq., 703 E. Harrison St., Tampa; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.
||Mays v. Bd. of Public Inst., Sarasota Co.
(SD Fla., Tampa Div., #4242-Civ. J.) Class suit for desegregation of public schools filed. Pending.
Francisco A. Rodriguez, Esq., 703 E. Harrison St., Tampa; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.
||Calhoun v. Latimer.
(Atlanta.) (ND Ga., Atlanta Div., #6298.) (188 F. Supp. 412.) Facts: VI DOCKET 37, 122. Def's. motion for summary judgment pending.
63 W. Va. L. Rev. 354-56.
||Webb v. Bd. of Education.
(Chicago.) (ND Ill., E. Div., # 61 C 1569.) Sept. 18, 1961: parents of 32 Negro elementary public school children sued for injunctive relief against alleged racial discrimination practiced by Def.-Bd. in drawing of school district lines, refusing transfer to Negro students seeking to enter schools with a majority of white students, providing lower standards of education in all-Negro schools. Pls. prayed for decree: declaring application and continuation of "neighborhood school" policy unconstitutional and in violation of Fourteenth Amendment; declaring Def. has affirmative duty to provide Pls. with racially integrated school system; requiring Def. to register Pls. in desegregated schools. Pending.
James D. Montgomery, Esq., 30 W. Washington, Chicago; Paul B. Zuber, Esq., 2816 Eighth Ave., NYC.
||Bush v. Orleans Parish School Bd.
(New Orleans, La.) (ED La., #3630.) (CA 5, #18520.) (U.S.S.C.) Facts: VI DOCKET 37-8, 70, 94, 112. (194 F. Supp. 182, 6 R.R. L.R. 413.) Pls. filed motion in DC charging Def.-Bd. with using state pupil placement plan to deny Pls. constitutional rights. Pending.
Def.-Bd's. appeal from May 1960 DC desegregation order pending in CA 5.
June 19, 1961: U.S.S.C. (Denny v. Bush, #868) affirmed order of 3-judge fedl. ct. holding unconstitutional and enjoining enforcement of Act of La. legislature constituting a school bd. responsive to will of La. state officials.
Oct. 16, 1961: U.S.S.C. (Gremillion v. U.S., #200) affirmed May 4, 1961 ruling of 3-judge fedl. ct. declaring unconstitutional all state acts passed to block integration of New Orleans school, including Bribery of Parents of School Children Act (punishing anyone accepting anything of value as inducement for sending child to integrated school) and Intimidation and Interference in Operation of Schools Act (punishing the offering to do or doing any act to child, parent, teacher or school employee that might influence him to do or perform any act in violation of any state law). (Both laws granted immunity from prosecution and promise of monetary reward to informers.)
||Hall v. St. Helena Parish School Bd.
(CA 5, #18523.) (ED La., #1068.) Facts: VI DOCKET 38, 70, 94, 122. Aug. 30, 1961: 3-judge fedl. ct. held unconstitutional Act 2, 1961 2d Spec. Sess. for violating equal protection clause of Fourteenth Amendment in permitting citizens to vote to abandon public schools faced with desegregation orders: "This is not the moment in history for a state to experiment with ignorance. When it does, it must expect close scrutiny of the experiment". Ct. found whole segregation program constitutionally self-defeating because it involves such extensive- 22 -
state control, financial aid, active participation that state would still be providing public education on segregated basis. Def.-Bd's. appeal to U.S.S.C. pending.
CA 5 affirmed 1960 DC desegregation order (287 F. 2d 376); Oct. 9, 1961: U.S.S.C. (#216) denied certiorari.
||E. Baton Rouge Parish School Bd. v. Davis.
(ED La., Baton Rouge Div., Civ. #1662.) (U.S.S.C., #226.) (287 F. 2d 380.) Facts: VI DOCKET 38, 70. Oct. 9, 1961: U.S.S.C. denied certiorari on Def.-Bd's. petition from CA 5 decision.
On remand to DC from CA 5 decision, DC ordered Def.-Bd. to submit desegregation plan.
||Williams v. Prather.
(Northwestern State College.) (WD La., #5000 Civ.)*
||La. State Bd. of Educ. v. Allen.
(Shreveport Trade School.) (U.S.S.C., #217.) Facts: VI DOCKET 38, 70. Oct. 9, 1961: U.S.S.C. denied certiorari on Def.-Bd's. appeal from DC desegregation order affirmed by CA.
||State Bd. of Public Welfare v. Myers.
(Md. Training Schools.) (Md. Ct. of App.) Facts: VI DOCKET 38, 95. Cite: 167 A. 2d 765.
||Woods v. Bd. of Educ.
(Highland Park.) (ED Mich., S. Div., #21593.) Aug. 29, 1961: Negro and white parents in Thomson School Dist. and Mass. Ave. Improvement Assn. (Negro-white property-owners' organization) sued for injunctive relief directing Def.-Bd. to adopt desegregation plan for School and transfer Pls. temporarily to non-segregated school. Complaint alleges Def.-Bd., after influx of Negroes into area after World War II, drew district lines and established option area to maintain segregated Negro character of School, planned to enlarge area feeding into segregated school in Sept. 1961; white and Negro children injured by attending segregated schools. Sept. 7, 1961: after DC hearing, parties proposed compromise: 1) make school K-3 grades; 2) send 4-6 grades to integrated school; 3) Bd. to propose plan to desegregate fully by fall 1962. DC issued no injunction, accepted proposal, dismissed without prejudice.
Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.
||Meredith v. Fair.
(U. of Miss.) (SD Miss., Jackson Div., #3130.) Facts: VI DOCKET 122. Pl.-sophomore at Jackson State, also administered by Def.-Bd., gave 5 Negro references for admission to U. of Miss., none of whom had attended U. Miss. statute requires references from 5 U. alumni. Issue: does this requirement place unfair burden on Negro applicants? Aug. 10, 15-16: trial on merits; decision awaited.
Constance Baker Motley and Derrick Bell, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC; R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.
||Howard Savings Institute of Newark v. Peep, Trs. of Amherst College.
(N.J. Sup. Ct.) Facts: VI DOCKET 71, 95. Cite: 170 A. 2d 39.
||Beal v. Bd. of Educ.
(Newark.) (DC N.J., #839-61.) Oct. 2, 1961: class suit filed by Negro parents for permanent injunction requiring Def.-Bd. to accelerate redistricting plan for public schools, preventing Bd. from registering Pls. in segregated school, and for declaration that neighborhood school policy is unconstitutional. Pending.
Abe Silverstein, Esq., 73 Main St., Milburn, N.J.
||People of New York v. Dennis.
(New Rochelle.) (City Ct.) Facts: VI DOCKET 38. Cites: 208 N.Y.S. 2d 522, 6 R.R. L.R. 147.
12 Syra. L. Rev. 519-21.
||Taylor v. Bd. of Educ.
(New Rochelle.) (CA 2.) (191 F. Supp. 181, 288 F. 2d 600.) Facts: VI DOCKET 38, 71, 95, 123. Aug. 2, 1961: CA 2 affirmed (2-1) DC opinion, found Def.-Bd. had deliberately created and maintained Lincoln School as racially segregated school. CA 2 denied stay pending appeal. U.S.S.C. denied stay. Sept. 1961: DC order effectuated, majority of Lincoln pupils transferred to other schools. Def.-Bd. petition for certiorari pending.
38 U. of Det. L. Jour. 479-83.
||Jeffers v. Whitley, N.C. Supt. of Public Instruction.
(Caswell Co.) (MD N.C., Greensboro Div., #1079.) Facts: VI DOCKET 38. DC, after trial, ordered Def. to reconsider Pls'. applications. Bd. again denied Pls'. admission. Oct. 4, 1961: hearing on Pls'. objections.
||McCoy v. Grensboro Bd. of Educ.
(MD N.C., #C-26-9-59.)*
||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.) Facts: VI DOCKET 39. Jy. 20, 1961: DC held Pls. who did not attend Bd. hearing not entitled to relief, Bd. should reconsider others. Bd. admitted 6 pupils to white school, denied admission of 100 pupils. DC to hear Pls'. objections to Bd. action.
||Vickers v. Chapel Hill Bd. of Educ.
(MD N.C., 11-D-60.) Facts: VI DOCKET 39. Jy. 3, 1961: Def.-Bd. adopted policy of limited integration for first grade pupils. Sept. 8, 1961: DC held for Pl., ordered Pls. admitted to previously all-white school for 1961-62 year; costs taxed against Def.
||North Carolina v. Chance.
(Hartnett Co. Super. Co.)*
||Chance v. Hartnett Co. Bd. of Educ.
(DC N.C., Raleigh Div., #1263.)*
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||Wynn v. Trs. Charlotte Community College System.
(Mecklenburg Co. Super Ct., #41-347.) Facts: VI DOCKET 123. May 1961: Super. Ct. denied petition for injunctive relief. Sept. 1961: Charlotte (white) College admitted 4 Negro students. Pls'. appeal pending in N.C. Sup. Ct.
J. Charles Morris, Esq., Liberty Life Bldg., Charlotte.
||Dowell v. Bd. of Ed.
(Oklahoma City.) (WD Okla.) Oct. 9, 1961: suit filed by parent of Negro student. Issues: 1) constitutionality of state pupil transfer law: 2) "quota" system for Negro students. Pending.
||Chisholm v. Bd. of Public Educ.
(formerly Phila. Chap., N.A.A.C.P. v.) (Philadelphia.) (ED Pa., #29706.) Facts: VI DOCKET 123.*
William L. Akers, Esq., 20 S. 15th St.; James K. Baker, Esq., 16 S. Broad St.; A. Leon Higginbotham, Jr., Esq., 15th fl. Commercial Trust Bldg.; Charles Andre Moore, Esq., 9th fl. Commercial Trust Bldg.; Oscar N. Gaskins, Esq., 410 S. 15th St., all of Philadelphia.
||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, #8383.) Facts: VI DOCKET 71, 95, 123. Def.-Bd. admitted Pl.-Turks to white public schools. Oct. 17, 1961: CA 4 reversed DC, ordered DC to issue order affirming Pls'. right to non-discriminatory treatment.
||Carethers and Boyce v. Humphreys Co. Bd. of Educ.
(Nashville.) (MD Tenn.) See Kelly, 522.Tenn1, IV DOCKET 32, 83, 108; V DOCKET 40. Oct. 9, 1961: Negro parents sued for admission of children to Waverly Central High, East End Elem., Waverly Elem. Oct. 18, 1961: at hearing, Defs. submitted plan to desegregate grades 1-5 Jan. 1962, 1 additional grade each year thereafter. Pls'. objections filed. Pending.
Avon N. Williams, Jr. and Z. Alexander Looby, Esqs., 327 Charlotte Ave., Nashville.
||Goss v. Bd. of Education.
(Knoxville.) (CA 6, #14425.) Facts: VI DOCKET 39. Hearing week of Nov. 27, 1961: decision awaited.
||Northcross v. Memphis Bd. of Educ.
(CA 6, #14,642.) Facts: VI DOCKET 39-40, 71. DC denied Pl's. requested injunction, held Def's. pupil assignment plan satisfactory. Pls'. appeal pending. Aug. 1961: 42 Negro students applied for admission to white schools. Oct. 3, 1961: 13 Negro first graders admitted to white public schools.
||Mapp v. Chattanooga Bd. of Educ.
(CA 6, # #14444, 14517.) Facts: VI DOCKET 40, 71, 95, 123. Argued Oct. 16, 1961: decision awaited.
||Maxwell v. Davidson Co. Bd. of Educ.
(near Nashville.) (CA 6, #14607.)*
||Sloan v. 10th School Dist., Wilson Co.
(MD Tenn., #3107.) Class suit for injunction ordering Def. to desegregate schools. Sept. 11, 1961: DC found facts stated in pleadings and pretrial conference entitled Pls. to immediate relief; granted Defs. additional time to file desegregation plan. Oct. 23, 1961: further hearing.
||Vick, Carson, and Morris v. Obion Co. Bd. of Educ.
(Jackson.) (DC Tenn.) Oct. 18, 1961: parents of Negro students seek admission of pupil to nearby S. Fulton High School; allege students must now travel long distance to segregated school.
Z. Alexander Looby and Avon N. Williams, Jr., Esqs., Nashville, Tenn., and Jack Greenberg, Esq., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
||Boson v. Rippy.
(Dallas.) (CA 5.) (285 F. 2d 43.) Facts: VI DOCKET 40, 71. June 27, 1961: DC reluctantly ordered Def. to follow CA 5 integration order. Def. rejected 4 applicants of Negro 1st graders to attend previously all-white school because older siblings attended Negro schools, accepted 18 applications. Sept. 6, 1961: pupils integrated schools without incident.
32 Miss L.J. 307-09.
||Ross v. Rogers.
(Houston.) (DC Tex., Houston, #10,-144.) Facts: IV DOCKET 32, V DOCKET 63, 94. Fall 1961: Pl.-Negroes charge Def.-Bd. continuing discriminatory practices, despite prior litigation, alleging all 12 Negro applicants denied admission to white schools 1960-61. Pending.
Weldon Berry, Esq., Houston, Tex.
||Flax v. Potts.
(Fort Worth.) (ND Tex., Fort Worth Div., #4205.)*
||Robinson v. Evans.
(Galveston.) (ED Tex., #2643.)*
||Eastland v. Wheat.
(Northeast Houston.) (SD Tex., #13,330.)*
||Evans v. Brooks.
(Texas City.) (SD Tex.) Aug. 5, 1961: class suit filed by Negro parents seeking desegregation of public schools. Pending.
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||Allen v. County School Bd.
(Prince Edward Co.) (ED Va., #1333.) Facts: VI DOCKET 40, 71, 123. Aug. 24, 1961: DC: 1) deferred ruling on whether Co. public schools can be closed to avoid racial discrimination prohibited by 14th Amendment until state cts. rule; 2) held state not insulated from fedl. judicial review when it acts to circumvent constitutionally-protected right; 3) held such circumvention shown in payment of $132,000. from genl. tax funds to send Co. white children to segregated private white school, crediting of $56,000. in Co. tax bills to taxpayers who contributed to said white school, when like aid not available to Negro children in Co. since no private colored school in existence, effectively depriving Negro children of freedom of choice between public and private schools; 4) found Def. had done nothing to comply with U.S.S.C. and DC desegregation decisions; 5) held Va. Code §22-115.29 not intended to permit payment of state tuition grants to residents of Cos. where public schools are closed. DC ordered Defs. restrained from paying any Co. funds or allowing any state credits to aid private white school while public schools closed, ordered Defs. restrained from processing state grants-in-aid for students in Co. while public schools closed.
And see 522.Vala.
||Griffin v. Co. School Board.
(Prince Edward Co.) (Va Sup. Ct. of App.) Sept. 8, 1961: Negro parents filed petition for writ of mandamus to require Resp. Bd. to appropriate funds for operating public schools in Co. closed since June 1959, alleging taxes set high enough to cover education purposes. Pls. contended if funds appropriated and schools opened, Bd. could be required to permit white and colored children to be taught together. Pending.
S. W. Tucker, Esq., 111 E. Atlantic St., Emporia, Va.
And see 522.Va1.
||Adkinson v. School Bd.
(Newport News.) (ED Va., Newport News Div., #642.) Facts: VI DOCKET 40-1. 1960: DC ordered integration delayed until Sept. 1961, due to consolidation of 2 cities. Aug. 1961: Def. permitted 14 Negro pupils to transfer to previously all-white elementary schools, rejected 8 applications for transfers.
||Hill v. School Bd.
(Norfolk.) (CA 4, #8053.)*
||Allen v. School Bd.
(Charlottesville.) (CA 4, #8238.) (DC Va.) Facts: VI DOCKET 41. 25 Negro pupils allege improper denial of admission to all-white schools. Oct. 25, 1961: hearing in DC; pending.
And see Dodson v. School Bd. (Charlottesville), 289 F. 2d 439.
||Thompson v. School Bd.
(Arlington.) (ED Va., #1341.) Facts: VI DOCKET 41. Pls'. motion for further relief prohibiting segregation in interscholastic sports competition pending. Fall 1961: substantial number of Negro pupils entered formerly all-white schools.
||Kilby v. Warren Co. School Bd.
(WD Va.) (6 R.R. L.R. 121.) Facts: IV DOCKET 34, 62. Aug. 1958: Va. Pupil Placement Bd. rejected applications of Negro students to attend white schools. Sept. 1958: DC issued injunction requiring admission. CA refused to stay injunction, Va. Gov. ordered school closed. Move started in Co. to operate private schools with publicly-paid teachers, but, on motion, DC enjoined payment of teachers with public funds. Schools reopened with Negro-Pls. admitted. 1960: other Negro students moved to intervene; DC ordered Bd. to submit desegregation plan. Jy. 26, 1960: DC approved plan to establish geographic high school districts, permitting pupil assigned to school occupied predominantly by pupils of opposite race to attend school nearest his residence occupied predominantly by pupils of his own race. Sept. 1961: 12 Negro students moved DC to order termination of all racial school assignments by Def. Pending.
||Warden v. School Bd.
(Richmond.) (ED Va., #2819.) Facts: VI DOCKET 41. Jy. 5, 1961: DC ordered Def. to enroll Pl. in previously all-white school Sept. 1961.
||Bradley v. School Bd.
(Richmond.) (ED Va.) Sept. 5, 1961: class action filed by Negro Pls. seeking desegregation of public schools. Pending.
||Jones v. School Bd.
(Alexandria.) (ED Va., #1770.)*
||Braxton v. Stafford Co. School Bd.
(Alexandria.) (ED Va.) Sept. 1961: class suit by Negro parents to enjoin enforcement of Pupil Placement Law, alleging intent of statute is to prevent local school bds. from initiating desegregation. Pending.
||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, 124. Jy. 7, 1961: after trial, DC ordered pupil placement bd. to reconsider applications of 15 Pls. Bd. reconsidered, admitted 5 to white schools. Oct. 4, 1961: DC denied Pls'. prayers for declaratory judgment and injunction directing Defs. to present desegregation plan, assessed costs against Def.-Pupil Placement Bd.; dismissed second complaint for failure of Pls. to exhaust state administrative remedies for pupil assignment.
||Thompson v. School Bd. of Arlington Co.
||Jackson v. School Bd.
(Lynchburg.) (WD Va.) Sept. 18, 1961: class suit filed for desegregation of public schools. Sept. 22, 1961: hearing on motion for preliminary injunction; DC denied. Oct. 24-25: trial date.
||Anderson v. School Bds., West Point and King William Co.
(Richmond.) (ED Va.) Sept. 22, 1961: Negro Pls. sue for injunction to prevent state Pupil Placement Bd. from denying 10 Negro students admission to white schools. Pending.