522. Suits to Enforce Integration
||Armstrong v. Bd. of Educ., City of Birmingham.
(CA 5) (323 F.2d 333; cert. den., 376 U.S. 908) Facts: VIII DOCKET 44, 140, IX DOCKET 22, 60. Add.: Sept. 6, 1963: CA 5 denied petition for intervention and stay of white citizens of Birmingham who alleged possible racial violence if schools integrated: "Law and order cannot be preserved by yielding to violence and disorder, nor by depriving individuals of constitutional rights." Sept. 9: In response to request from Gov. Wallace, Ala. Sup. Ct. found Gov. has power to close schools if necessary to keep peace. Gov. Wallace ordered no Negroes be admitted to schools in Birmingham, Tuskegee, 522.Ala.5, or Mobile, 522.Ala.7, 7a. Sept. 10: Pres. Kennedy ordered Gov., all others, to desist from interference with DC orders, ordered Secy. of Defense to be in readiness to enforce order to desist. Sept. 24: DC granted, at U.S. Justice Dept. request, preliminary injunction against Gov. and others interfering with integration. In this context, 5 Negro children admitted to 3 formerly all-white schools.
||Koen v. Knight.
(Ala. Vocational Schools.) (SD Ala., #2434)*
||Reed v. Pearson.
(Reeds Chapel.) (CA 5)*
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||Lee and U.S. (Pl. and Amicus) v. Macon Co. Bd. of Educ. and Ala. Bd. of Educ.
(Tuskegee) (MD Ala., E. Div., #604-E) (9 RRLR 148) Facts: VIII DOCKET 85, 140, IX DOCKET 60. Feb. 28, 1964: Co. Bd. of Educ. filed desegregation plan based on Ala. Pupil Placement Law. Apr. 17: Macon Co. High School (which 6 Negro-Pls. had been attending) destroyed by fire. Def.-Co. Bd. transferred Pls. to all-Negro Tuskegee Institute High School, alleging that to transport Pls. to white high school would be dangerous and expensive; white school which Pls. originally sought to enter closed for economic reasons. Apr. 28: 3-judge ct. reaffirmed Feb. 3 order that Negro and white students must be assigned to schools on equal basis, found fire damage to Macon Co. High School not extensive, held fact that fire apparently set to discourage integration did not excuse Def.-Co. Bd. from duty to integrate schools, enjoined Co. Bd. from failing to provide equal facilities at Macon Co. High School for white and Negro students.
And see 522.Ala.5a, 5b.
||U.S. v. Rea, Mayor.
(Notsaluga, Macon Co.) (MD Ala., E. Div., #637-E) (9 RRLR 148) Feb. 3, 1964: DC ordered Negroes admitted to Macon Co. High School (Notsaluga) and Shorter High School after Macon Co. Bd. of Educ. closed Tuskegee High School; Def.-Notsaluga mayor secured passage of city ordinances authorizing him to close public facilities to preserve peace, and to declare number of persons which would constitute danger in case of fire in certain public buildings. Feb. 5: When 6 Negroes-Pls. in 522.Ala.5 attempted to enter Macon Co. High School, Def. told them their presence would cause number in school to exceed that which he had set as maximum consistent with fire safety. Feb. 14: DC found Def. had sought to obstruct and evade DC orders, enjoined Def. from enforcing ordinances, from failing to keep peace and order around Macon Co. High School, from preventing Pls. in 522.Ala.5 or any Negroes subsequently admitted from entering High School, retained jurisdiction.
||Opinion of the Justices.
(Ala. Sup. Ct., #180) (160 So.2d 648) Feb. 10, 1964: Gov. Wallace asked for advisory opinion on constitutionality (under Ala. Constitution) of laws granting authority to state Bd. of Educ. to transfer pupils within districts, to close schools, to direct local Bds. of Educ. to provide bus transportation, and to require local Bds. to make grants-in-aid to school children. Feb. 18: Ala. Sup. Ct. found powers referred to were in local Bds., not in State Bd., noted that Ct. is authorized to give advisory opinions only on important constitutional questions, held no such question presented by Gov.'s request.
||Hereford v. City of Huntsville.
(ND Ala. #63-109)
||Lorder v. Huntsville Bd. of Educ.
(ND Ala. #63-612) Facts: IX DOCKET 60. Mar. 20: DC denied motion to consolidate with 522.Ala.6, ordered Defs. to include Redstone Arsenal children in desegregation plan.
||U.S. v. Mobile Co. Bd. of School Comm.
||Davis v. Mobile Co. Bd. of School Comm.
(SD Ala., #3003-63) (318 F.2d 63; 322 F.2d 356) Facts: VIII DOCKET 111, 140, IX DOCKET 22. See 522.Ala.2a for details of Gov. Wallace's attempts to halt desegregation.
||U.S. v. Madison Co. Bd. of Educ.
(CA 5, #20772) (326 F.2d 237, 9 RRLR 165) Facts: VIII DOCKET 140. Jan. 7, 1964: CA 5 affirmed ND Ala. and judgments of SD Miss. in related cases, 522.Miss.4, 522.Miss.5, held: (1) local educational agencies could not be held to have contracted with U.S. that children of fedl. personnel would be assigned to integrated schools; (2) primary jurisdiction of U.S. Commr. of Educ. to determine whether contract provision that children of fedl. personnel would be schooled in accordance with state law had changed meaning due to Brown decision; (3) Congress can legislate its desire; injunctive remedy inappropriate; (4) maintenance of segregated schools for children of fedl. personnel in areas receiving aid as "impacted" is not undue burden upon war power of U.S.
||Franklin and U.S. v. Parker, Dean, Auburn Univ. Grad. School.
(MD Ala., #621-E, CA 5) (223 F.Supp. 724, 331 F.2d 841) Facts: IX DOCKET 22, 60. Clarification: Nov. 5, 1963: DC found Def. had not graduated from accredited college because all Negro colleges in Ala. are nonaccredited, issued preliminary injunction against refusing to admit Pl. in Jan. 1964, and against discrimination against other qualified Negroes. May 18: CA 5 affirmed DC order admitting Pl., found Def. had begun expeditiously to process applications from Negroes once accreditation requirement struck down, ordered decree modified to reflect this.
||Gunn v. Norton
(formerly v. Florence State College Trs.) (ND Ala., NW Div., Civ. #63-418) (8RRLR 1395) Facts: IX DOCKET 29. Aug. 1963: DC found Def.-College Pres. had discriminated against Pl. on account of Pl's. race, held suit proper class action (FRCP Rule 23(a)(3)), ordered Defs. to admit Pl. and all qualified applicants similarly situated, taxed costs to Def.
||Miller v. Bd. of Educ. of Gadsden.
||Brock v. Bd. of Educ.
(San Francisco.) (ND Calif., S. Div., #41034.)*
||Keller v. Sacramento City Unified School Dist.
(formerly Pls. v. Bd. of Educ.) (Sacramento Co. Super. Ct., #146,525) Facts: IX DOCKET 23. Addendum: 1963: Jr. High School with 50% Negro and 30% other minority enrollment burned down. Def.-Bd. planned to use temporary classrooms, then rebuild on same site. Sept. 30, 1963: Pl. sued to enjoin building, to require submission of desegregation plan. Super. Ct. granted temporary restraining order. Oct. 8: Super. Ct. dissolved restraining order, denied temporary injunction against rebuilding jr. high, held that, while segregation was result of housing patterns, Defs. had affirmative responsibility to draw school lines and take other measures to achieve racial balance, found Defs. had begun good faith study of school desegregation, ordered plan submitted by Sept. 1964, citing Jackson, 522.Calif.1, Branche, 522.NY.6.
L. Archie Harris, Esq., 2116 16th St., Sacramento; Robert Carter, Esq., NAACP, 20 W. 40th St., NYC.
||Crawford v. Bd. of Educ.
(Los Angeles City.) (Super. Ct., #822854)*
||Gibson v. Bd. of Pub. Inst.
(Dade Co.) (SD Fla., #6978)*
||Manning v. Bd. of Pub. Inst. of Hillsborough Co.
(Tampa.) (SD Fla., #3554) (277 F.2d 310, 8 RRLR 496) Facts: VIII DOCKET 45, 141. Feb. 18, 1964: Pls. filed motion for further relief.
||Augustus v. Escambia Co. Bd. of Ed.
(Pensacola.) (ND Fla., #1064)*
||Tillman v. Bd. of Pub. Inst., Volusia Co.
(SD Fla., Jacksonville Div., #4501)*
||Bd. of Pub. Inst., Duval Co. v. Braxton.
(Jacksonville) (U.S.S.C.) (326 F.2d 616) Facts: VIII DOCKET 45, IX DOCKET 23, 61. May 4, 1964: U.S.S.C. denied Defs.' petition for cert.
- 110 -
||Weaver v. Bd. of Pub. Inst., Brevard Co.
(Cape Canaveral) (SD Fla., Orlando Div., #1172)*
||Mays v. Bd. of Pub. Inst., Sarasota Co.
(SD Fla., Tampa Div., #4242-Civ.-T) (8 RRLR 930) Facts: VIII DOCKET 45, IX DOCKET 61. Correction: Apr. 19, 1963: DC found Defs. operating all elementary schools but one in accordance with Brown, 349 U.S. 294, found Defs. agreed to grade-a-year plan for higher grades, ordered Defs. to integrate remaining elementary school, held in abeyance question of segregatd teaching staffs.
||Ellis v. Kipp, Bd. of Pub. Inst., Orange Co.
(Orlando.) (SD Fla., Orlando Div., #1215)*
||Steele v. Bd. of Pub. Inst., Leon Co.
(Tallahassee.) ND Fla., TCA #854)*
||Mills v. Boone.
(Polk Co.) (MD Fla., #63-50)*
||Scott v. Bd. of Inst.
(St. John's Co.) (SD Fla., transferred to MD Fla.)*
||Hall v. Bd. of Pub. Inst.
(Broward Co.) (SD Fla., #10,820)*
||Milledge v. State Bd. of Control.
(Tallahassee) (Leon Co. Cir. Ct., #18946) (8 RRLR 1402) Facts: VIII DOCKET 141, IX DOCKET 23. Correction: Aug. 8, 1963: Cir. Ct. sustained Defs.' motion to dismiss: (1) determination to open or close school is for legislature; (2) both Florida A & M and College of Law at Univ. of Fla. are integrated by law, though no whites attend the former and no Negroes attend the latter, so no question of racial discrimination presented.
||Hammond v. Univ. of Tampa.
(MD Fla., #63-51, Civ. T.)*
||Youngblood v. Bd. of Pub. Inst.
(Bay Co.) (DC Fla.) Nov. 15, 1963: Pls. sued to desegregate public schools.
NAACP Legal Def. & Educ. Fund., Inc., 10 Columbus Cir., NYC.
||Calhoun v. Latimer.
(Atlanta) (U.S.S.C.) Facts: VIII DOCKET 45, 85, IX DOCKET 23. After CA decision, and again after argument. Def.-Bd. added to its desegregation plan. May 25, 1964: U.S.S.C., per curiam, vacated and remanded for DC to appraise new provisions in light of Goss, 522.Tenn.6, 373 U.S. at 689.
||Stell v. Savannah-Chatham Co. Bd. of Educ.
||Chandler v. Savannah City Bd. of Public Educ.
(U.S.S.C.) Facts: IX DOCKET 61. Cites: 313 F.2d 636; cert. denied 375 U.S. 835.
||Emory University v. Georgia.
(Atlanta) (Ga. Sup. Ct., #21731)*
||Gaines v. Dougherty Co. Bd. of Educ.
(CA 5, #20984) (8 RRLR 936; 329 F.2d 823, 9 RRLR 169) Facts: VIII DOCKET 112, 141, IX DOCKET 23. Mar. 20, 1964: CA 5 ordered plan modified to provide first two grades and all Co. vocational schools be integrated in first year, postponed decision on adequacy of grade-a-year thereafter pending U.S.S.C. decision in Calhoun, 522.Ga.3.
||Harris v. Gibson and Glynn Co. Bd. of Educ.
(CA 5; U.S.S.C.) (322 F.2d 780) Facts: IX DOCKET 23, 61. Feb. 17, 1964: U.S.S.C. denied white-Pls. petition for cert.
||Bivins v. Bd. of Public Educ., Bibb Co.
(Macon) (MD Ga., #1926) Facts: IX DOCKET 61. Feb. 24, 1964: Defs. filed reverse grade-a-year plan. DC, over Pls. objections, approved. Pls'. appeal pending.
||Bryan and Lockett v. Muscogee Co. Bd. of Educ.
(MD Ga., #991) Facts: IX DOCKET 61. Defs. have voluntarily begun grade-a-year desegregation, accepted Pls.' applications for transfer.
||Acree v. Richmond Co.
(SD Ga.) Suit to desegregate Co. public schools.
NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.
||Webb v. Bd. of Educ.
(Chicago) (ND Ill., E. Div., #63 C 1895)*
||McNeese v. Bd. of Educ.
(Centerville) (DC Ill.)*
Law review article: John Kaplan, Segregation litigation and the schools—Part III: The Gary litigation. 59 Northwestern U. 121-70.
||Downs v. Bd. of Educ.
(Kansas City) (CA 10)*
||Walker v. Richmond Bd. of Educ.
(ED Ky., Richmond Div., #241)*
||Mack v. Bd. of Educ.
(Frankfort) (ED Ky., #216) Facts: VIII DOCKET 46, 141. Cite: 8 RRLR 945.
||Rimbert v. Knott Co. Bd. of Educ.
(ED Ky., Pikeville Div., Civ. #824) (8 RRLR 1419) 1963: Pls. sued, alleging racial discrimination. Sept. 24: After trial, DC found for Pls., ordered immediate compliance with order restraining Def.-Bd. from assigning pupils to schools on basis of race, and from assigning teachers, principals, and other professional personnel to the schools on the basis of their race or that of pupils at school to which assigned.
||Senters v. Bd. of Educ. of Mayfield.
(WD Ky., Paducah Div., Civ. #1284) 1962: Pls.-Negro children sued to desegregate Def.-Bd.'s elementary schools. Oct. 31, 1962: DC ordered to submit desegregation plan by Nov. 15. Nov. 5: unanimously passed motion to desegregate all grades beginning Sept. 1963. Dec. 14, 1962: DC gave summary judgment for Pl., adopting Def.'s motion as basis for desegregation.
Joseph S. Freeland, Esq.
||Bush v. Orleans Parish School Bd.
(New Orleans) (ED La., #3630) Facts: VIII DOCKET 46, IX DOCKET 24, 62. May, 1964: Pls. moved to accelerate desegregation.
||Hall v. St. Helena Parish School Bd.
(ED La., Baton Rouge Div., #3630) Facts: VIII DOCKET 47, 85, IX DOCKET 24, 62. May 29, 1964: Pls. filed petition for writ of mandamus to DC to rule on Feb. 14 motion for further relief. June 5: CA ordered DC to answer within 20 days.
- 111 -
||Angel v. La. State Bd. of Educ.
(La. Trade Schools) (ED La., Baton Rouge Div., Civ. #1658) (287 F.2d 33; 8 RRLR 1075)*
||Davis v. Baton Rouge Parish School Bd.
(ED La., Baton Rouge Div., #1662) Facts: VIII DOCKET 47, 121, IX DOCKET 24. Def. has accepted 59 of 97 applicants to attend 11th and 12th grades at white schools for 1964-65 term.
||Harris, Crayton v. St. John the Baptist Parish School Bd.
(ED La., New Orleans Div., #13212) Facts: VIII DOCKET 85. Pls. motion for summary judgment pending.
||U.S. v. Bossier Parish School Bd.
(WD La., Shreveport Div., Civ. #9282) (220 F.Supp. 243, 8 RRLR 964) Facts: VIII DOCKET 85. Aug. 20, 1963: DC granted Defs. motion to dismiss: (1) fact that fedl. school construction funds used by impacted school district does not require that district desegregate its schools, for U.S.S.C. holdings do not require immediate desegregation; (2) Congress' intent in providing aid was to assist segregated and desegregated schools alike; (3) U.S. has no standing to sue.
||Booker v. Calcasieu Parish School Bd.
||Conley v. Lake Charles School Bd.
||Williams v. Iberville Parish School Bd.
(Plaquemine) (ED La., #2921)*
||McCoy v. La. State Bd. of Educ.
(Northeast State College) (ED La., #2916) Facts: IX DOCKET 62. May 10, 1964: Pls. filed petition for writ of mandamus in CA 5 to compel DC to rule on motion for preliminary injunction. May 18: DC dismissed State Bd. as Def., ordered Pls. to join individual Bd. members as Pls. within 60 days or suit dismissed. June 5: CA 5 granted Pls. motion for injunction pending appeal. June 10: Pl. and 2 other Negroes entered the college.
||Welch v. La. State Bd. of Educ.
(Southern Univ.) (ED La.)*
||Naguin v. Terrebone Parish School Bd.
(ED La., New Orleans Div., Civ. #13291) (8 RRLR 1421) 1963: Pls.-Indian children sued to end segregation. DC issued preliminary injunction, ordered prompt desegregation of 11th and 12th grades, ordered Def.-Bd. to submit desegregation plan for other grades.
||Nweze v. Bd. of Supers., La. State Univ. & A. & M. College.
(New Orleans) (ED La., #13,544) (8 RRLR 884) June 1963: Pl.-Nigerian student at Southern Univ. in New Orleans applied to La. State Univ. to take summer session courses not available to him at Southern. Defs. denied application: La. State does not admit non-resident Negroes. June 1963: Pl. sued to gain admission. June 12: DC issued temporary restraining order requiring Defs. to admit Pl. pending hearing on preliminary injunction.
Smith & Waltzer, Esqs., 1006 Baronne Bldg., New Orleans.
||Christmas v. Bd. of Educ.
(Harford Co.) (DC Md.) 1955-58: After extensive litigation, grade-a-year desegregation plan went into effect, Slade, 522.Md.2, see also Pettit, 522.Md.5, V DOCKET 53-VI DOCKET 38. May 1, 1964: Suit filed to speed desegregation and end discrimination in hiring and assignment of teachers.
||Sherrill School Parents Comm., Bentley v. Bd. of Educ.
(Detroit) (ED Mich., S. Div., #22092)*
||Green v. Fair.
(U. of Miss.) For decision in U.S. v. Barnett, see IX DOCKET 75, at 42.
||Evers v. Jackson Municipal Separate School Dist.
(CA 5, #20824; SD Miss., #3379) (328 F.2d 408, 9 RRLR 171) Facts: VIII DOCKET 113, 141, IX DOCKET 24, 62. Feb. 13: CA 5 consolidated with Hudson, 522.Miss.3, and Mason, 522.Miss.4a, reversed and remanded with instructions to enter temporary injunctions: (1) DC holding that since pupils failed to use Miss. pupil assignment laws, segregation is voluntary, overlooks fact that Miss. law provides for separate schools, makes attendance at integrated school a criminal offense; (2) cases denying relief for failure to exhaust administrative remedies are not in point, as they arose in jurisdictions where applications to enter white schools would be considered in good faith. Mar. 4: DC granted petition of white parents to intervene, issued identical injunctions in this case and 2 other remanded cases: (1) Defs. enjoined from racial discrimination until they prepared plan for orderly integration; (2) Defs. to present desegregation plan by July 15, 1964, providing for at least a grade-a-year beginning Sept. 1964.
||Hudson v. Leake Co. School Bd.
(CA 5, #20825; SD Miss., #3382) (328 F.2d 408; 9 RRLR 171) Facts: VIII DOCKET 113, 141, IX DOCKET 24, 62. Facts same as 522.Miss.2.
||U.S. v. Biloxi Muni. Separate School Dist.
(CA 5) (326 F.2d 237, 9 RRLR 165) Facts: VIII DOCKET 113, 141, IX DOCKET 24, 62. Jan. 7, 1964: CA 5 affirmed in consolidated opinion, see Madison Co., 522.Ala.8.
||Mason v. Biloxi Muni. Separate School Dist.
(CA 5, #20826; SD Miss., #2696) Facts: VIII DOCKET 113, 141, IX DOCKET 24, 62. Facts, issues, status same as 522.Miss.2 and 522.Miss.3.
||U.S. v. School Bd.
(Gulfport) (CA 5) (326 F.2d 237, 9 RRLR 165) Facts: VIII DOCKET 141, IX DOCKET 24. Jan. 7, 1964: CA 5 affirmed in consolidated opinion; see Madison Co., 522.Ala.8.
||McDowell v. Tubb.
(U. of Miss. Law School) (SD Miss., Jackson Div., Civ. #3425; Miss. Bd. of Trs. of Higher Educ.) Facts: IX DOCKET 24. Sept. 4, 1963: Univ. authorities expelled Pl. for bringing loaded revolver on campus; Pl. alleged weapon necessary for self-defense, punishment more severe than meted out to white students for similar offenses. Jan. 24, 1964: State Bd. affirmed Univ. action. Mar. 17: Univ. affirmed order of expulsion. Mar. 17: State Bd. affirmed.
- 112 -
||Donald v. U. of Miss., Bd. of Trs. of Higher Educ.
(SD Miss.) Pl. applied to Bd. of Trs. for admission to 1964 Summer Session at U. of Miss. Bd. denied application pending DC ruling in Green, 522.Miss.1. June 1964: Pl. sued to gain admission. June 11: DC issued restraining order: directing Defs. to admit Pl., enjoining "all persons and corporations" from interfering with Pl's. presence on campus, ordering Pl. to refrain from civil rights activity and participation in any "publicity program" during summer session.
||Davis v. Bd. of Educ.
(Charleston) (ED Mo., #S62 C 51)*
||Lewis v. Bd. of Educ., Deering.
(Pemiscot) (DC Mo.)*
||Fisher v. School Bd. of Orange.
(N.J. Commr. of Educ.) Facts: VIII DOCKET 142. Resp.-Bd. appealed Commr.'s determination to N.J. Bd. of Educ., which ordered appeal stayed pending final action by Commr. Jy. 30, 1963: Commr. notified Bd. that stay left his order in effect, since Bd. had not complied, state aid funds for 1963-64 would be withheld. Aug. 28: Bd. resolved that for 1963-64, steps would be taken to integrate 3rd and 4th grades. Aug. 29: Commr. notified Bd. state aid would be reinstated.
||Taylor v. Bd. of Educ.
(New Rochelle) (SD NY) (195 F.Supp. 231, 294 F.2d 36, cert. den., 368 U.S. 940, 222 F.Supp. 275.) Facts: VI DOCKET 38 — VII DOCKET 54. 1963: As result of 1961 DC decree authorizing transfers, enrollment at previously all-Negro school fell from 483 to 210. Def.-Bd. petitioned DC for modification of decree authorizing closing of school, agreeing to provide free bus transportation (not part of earlier desegregation plan) for children inconvenienced by closing. Pls. assented. June 24, 1963: DC amended decree to permit closing and reassignment of pupils to achieve racial balance throughout school system.
||Branche v. Bd. of Educ.
(Hempstead) (ED NY, #62,-C-176)*
See also 523.NY.1, 523.NY.2.
||Mitchell v. Bd. of Educ.
(Hempstead) (NY State Commnr. of Educ., #7257) (8 RRLR 1422) Facts: VIII DOCKET 48, IX DOCKET 24. Case closed as to Pl., but Vetere, 523.NY.2, is collateral attack on Commnr.'s ruling, and further developments in Hempstead will be reported under that heading.
||Blocker v. Bd. of Educ.
(Manhasset, Long Island) (ED NY, #62-C-285) (226 F.Supp. 208) Facts: VIII DOCKET 48. Jan. 4, 1964: DC found Defs. assigned children to 3 elementary schools in accord with neighborhood plan, found all-Negro school had unduly small attendance area (12.38% of school population went to Negro school, remainder to two white schools), found racial segregation by means of neighborhood school concept has same detrimental effect on Negro children as segregation condemned in Brown decision, found neighborhood schools as run by Defs. is state action in violation of 14th Amendment, held neighborhood schools neither unconstitutional per se, nor immune from judicial scrutiny, ordered Defs. to submit desegregation plan. The decision contains extensive review of law and socio-economic facts at issue.
||Aikens v. Bd. of Educ.
(Rochester) (WD NY, #9,-736)*
||Bailey v. Bd. of Educ.
(Westbury) (DC NY)*
See also 523.NY.1, 523.NY.2.
||Griffith v. Robinson.
(Yancey Co.) (WD NC., #1881)*
||Farmer v. Greene Co. Bd. of Educ.
(CA 4, #9125; ED N.C.) Facts: VIII DOCKET 86, 142, IX DOCKET 62. Questions on appeal included exhaustion of state remedies. Apr. 14: CA directed Pls. to apply for admission to white schools. May 1: CA remanded to DC.
||Wheeler v. Durham City Bd. of Educ.
(M.D. N.C., #C 54-D-60) (8 RRLR 975)*
||Spaulding v. Durham City Bd. of Educ.
(MD N.C., #C-116-D-60)*
||Thompson v. Durham Co. Bd. of Educ.
(MD N.C., Greensboro Div., C-140-D-63)*
||Chance v. Harnett Co. Bd. of Educ.
(ED N.C., Civ. #1331) Facts: IX DOCKET 63. Cites: 224 F.Supp. 472, 9 RRLR 200.
||Felder v. Harnett Co. Bd. of Educ.
(ED N.C., Raleigh Div., #1469-Civ.) Facts: IX DOCKET 63. DC ordered parties to confer, report back June 17. If no agreement reached, trial will be set to insure relief before 1964-65 school term.
||Wynn v. Trs., Charlotte Community College System.
||Hunter v. Raleigh City Bd. of Educ.
(ED N.C., Raleigh Div., #1308)*
||Belo v. Randolph Co. Bd. of Educ.
(MD NC, Greensboro Div., #C-209-G-62) (8 RRLR 1432, 9 RRLR 199) Facts: IX DOCKET 25, 63. Mar. 20, 1964: DC entered consent order approving Def's. plan for free choice transfer.
||Conley v. Transylvania Co. Bd. of Educ.
(WD N.C., #2094)*
||Gilmore v. High Pt. Bd. of Educ.
(MD N.C.) Facts: VIII DOCKET 86, IX DOCKET 25, 63. Apr. 16, 1964: DC entered consent order providing for free choice transfers.
||Ford v. Cumberland Co. Bd. of Educ.
(ED N.C., #668) Facts: VIII DOCKET 113, IX DOCKET 25. May 6, 1964: DC entered consent order adopting open enrollment desegregation plan agreed on by Pls. and Def.
||Ziglar v. Reidsville Bd. of Educ.
(MD N.C., Greensboro Div., #C-226-S-62) (9 RRLR 207) Facts: VIII DOCKET 86, 113, IX DOCKET 25. Mar. 20, 1964: DC entered consent order providing that first grade children in Sept. 1964 be assigned to school of choice, children of all other grades be allowed to apply for transfers to other schools, held this order did not prejudice Pls'. rights to further relief, ordered Pls. and Defs. to confer on operation of school for subsequent years, said if agreement is not reached by Feb. 1965, suit will be tried.
||DuBissette v. Cabarrus Co. Bd. of Educ.
(MD N.C., Salisbury Div., Civ. #C-190-S-63) (9 RRLR 205) Facts: IX DOCKET 25. Mar. 17, 1964: DC entered consent order providing for free transfer of pupils in 1964-65 school year, ordered parties to negotiate permanent plan for desegregation, said suit will be tried if no agreement by Feb. 1965.
||Turner v. Warren Co. Bd. of Educ.
(ED N.C.) Facts: IX DOCKET 25. May 6, 1964: DC overruled Def's. contention- 113 -
Pls. must exhaust remedies under N.C. Pupil Placement Act, ordered parties to confer, report back June 17.
||Gill v. Concord City Bd. of Educ.
(MD N.C., #C-223-S-63) Facts: IX DOCKET 63. Parties have agreed on desegregation plan. Consent order to be entered.
||Williams v. Hendersonville City School Bd.
(WD N.C., #2182) Facts: IX DOCKET 63. Apr. 2, 1964: DC entered consent order providing for free choice transfers for 1964-65 school year.
||Bowditch v. Buncombe Co. Bd. of Educ.
(WD N.C., #2196)*
||Brown v. School Dist. No. 20.
(Charleston) (ED S.C., Charleston Div., #7747) (8 RRLR 998, 328 F.2d 618, 9 RRLR 208) 1963: Pls. sued to desegregate schools. Aug. 22, 1963: DC found Defs. maintained segregated schools, held failure of Pls. to exhaust administrative remedies no bar to this action as such remedies not administered in good faith, rejected contention of Defs. and white Intervenors that Negroes have ethnic characteristics justifying segregation, enjoined Defs. to assign all Negro children to same school a white child from same area would attend beginning Sept. 1964; injunction to remain in effect until Defs. submit desegregation plan. Jan. 27, 1964: CA 4, per curiam, affirmed, adopting DC opinion as its own.
||Sowers v. Lexington Bd. of Educ.
(MD N.C.) Mar. 1964: Pls. sued to desegregate public schools. Pending.
NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.
||Nesbitt v. Statesville City Bd. of Educ.
(WD N.C.) Pls. sued to desegregate public schools. Pending.
NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.
||Eaton v. New Hanover Co.
(ED N.C.) Mar. 1964: Pls. sued to desegregate public schools. Pending.
||Dowell v. Bd. of Educ.
(Oklahoma City) (WD Okla., #942-Civ) Facts: VIII DOCKET 49, 142, IX DOCKET 25, 63. Addendum: Def's. steps toward integration of pupils and teaching staffs taken under interim plan filed by them and approved by DC Aug. 8, 1963. Feb. 28, 1964: DC rejected Bd. plan for desegregation, ordered study of entire school system. Pls. moved to hire experts to conduct study.
||Chisholm v. Bd. of Educ.
(Philadelphia) (ED Pa., #29706)*
||Briggs v. Elliott.
(Clarendon Co.) (CA 4)*
||Brunson v. Bd. of Trs., Clarendon Co. School Dist. No. 1.
(ED S.C., #7210)*
||Stanley v. Darlington Co. School Dist. No. 1.
(ED S.C., #7749)*
||Brown v. School Dist. 20.
(Charleston) (CA 4) (226 F.Supp. 819, 328 F.2d 618)*
||Randall v. Sumter School Dist. No. 2.
(Sumter) (ED S.C.)*
||Whittenberg v. Greenville Co. School Dist.
(WD S.C., #4396) Facts: IX DOCKET 25. Apr. 25, 1964: DC ordered Pls. admitted to white schools, approved desegregation plan.
||Adams v. School Dist. No. 5.
(Orangeburg Co.) (DC S.C.) Mar. 20, 1964: Pls. sued to desegregate schools.
Matthew J. Perry, Lincoln C. Jenkins, Jr., Esqs., 1107½ Washington St., Columbia, S.C.; Zack E. Townsend, Earl W. Coblyn, Esqs., Orangeburg, S.C.; NAACP Legal Def. & Educ. Fund, 10 Columbus Cir., NYC.
||Boyce v. Humphreys Co. Bd. of Educ.
(Nashville) (MD Tenn., #3130)*
||Goss v. Bd. of Educ.
(Knoxville) (CA 6) Facts: VIII DOCKET 50, 86, 113, IX DOCKET 25. During oral argument on appeal to CA 6, Defs. announced desegregation of all grades beginning Sept. 1964. CA 6 remanded.
||Northcross v. Memphis Bd. of Educ.
(CA 6, #150389) Facts: VIII DOCKET 50, 86, 142. June 12, 1964: CA 4 reversed, remanded: (1) DC should hold further hearing with Def. having risk of nonpersuasion on issue whether school lines are gerrymandered; (2) desegregation plan must integrate all elementary grades in 1964, jr. high grades in 1965, senior high in 1966; (3) Def. should submit teacher desegregation plan.
||Mapp v. Bd. of Educ.
(Chattanooga) (ED Tenn., S. Div., Civ. #3564) Facts: VIII DOCKET 50, 142, IX DOCKET 63. Dec. 31, 1963: DC found sound educational policy counselled against midyear entrance into vocational training, ordered desegregation of all city technical schools Sept. 1964, restored to complaint stricken allegations of teacher segregation, but declined to rule on them, declined to rule on Pl's. allegations that former orders of DC not being followed until Pls. formally serve and file them.
||Maxwell v. Davidson Co. Bd. of Educ.
(near Nashville) (CA 6, #14607; MD Tenn.) (319 F.2d 858) Facts: VIII DOCKET 50, 86, 113, 142. On remand from U.S.S.C., CA 6 reversed DC approval of transfer plans.
||Sloan v. Tenth School Dist.
(Wilson Co.) (MD Tenn., Nashville Div., Civ. #3017) (6 RRLR 744, 999; 8 RRLR 1440) Facts: VII DOCKET 23, 55. 1963: Negro children not parties to original suit petitioned to intervene and for modification of 1961 DC degree. Sept. 24, 1963: DC found Defs. acting in good faith, found Defs.' pupil attendance zone, assignment and transfer plan did not comply with 1961 order, ordered Defs. to admit Intervenors to specified schools and file new desegregation plan by May 1, 1964.
||Vick v. Co. Bd. of Educ.
(Obion Co.) (WD Tenn., #3129)*
||Monroe v. Bd. of Commrs., City of Jackson.
(WD Tenn., E. Div., #1327) (221 F.Supp. 986) Facts: VIII DOCKET 113, 143, IX DOCKET 25, 63. Correction: This is same case as 522.Tenn.13; Jackson is a city with its own school system within Madison Co. Def.-City Bd. never- 114 -
demanded jury trial. Aug. 20, 1963: DC approved 4-year plan. Pl's. appeal withdrawn.
||Robinson v. Brown.
(formerly Monroe v. Madison Co. Bd. of Educ.) (WD Tenn., E. Div., #1227; CA 6; U.S.S.C., #676) (320 F.2d 503) Facts: VIII DOCKET 143. See correction at 522.Tenn.12. June 14, 1963: DC denied motion of Def.-Co. Bd. member for severance of Co. school bd. and its members and for jury trial. Def.-member sought mandamus on jury trial issue. Jy. 31: CA 6 denied writ. Aug. 20: DC approved 4-year desegregation plan. Feb. 17, 1964: U.S.S.C. denied cert.
||Robinson v. Shelby Co. Bd. of Educ.
(formerly v. Memphis Bd. of Educ.) (WD Tenn., W. Div., Civ. #4916) (9 RRLR 209) Facts: VIII DOCKET 143. Mar. 17: DC approved Def's. plan for desegregation providing for limited free transfer, rejected Pl's. population-ration plan.
||Ross v. Dyer. Ross v. Houston Ind. School Dist.
(formerly Ross v. Rogers) (CA 5, #19912; SD Tex., Houston Div., Civ. #10,444) (5 RRLR 703, 7 RRLR 394, 1075, 8 RRLR 1442) Facts: VIII DOCKET 50. Dec. 1962: CA 5 reversed, (sub nom. Ross v. Dyer) held rule requiring all members of same family to attend same school discriminates between Negro children with siblings and those without, compelling former group to attend segregated schools, held use of rule by Def.-Bd. was not contempt of court. Sept. 17, 1963: Negro student petitioned to be admitted to previously all-white school not yet scheduled for integration under DC decree of 1960. Dec. 4: DC denied petition, holding to grant it would be to scrap "program for orderly transition."
||Eastland v. Wheat.
(Northeast Houston) (SD Tex., #13,330)*
||Sanders v. Ransom.
(U. of Tex.) (WD Tex., Austin Div., #1231)*
||Thomas v. Bowen.
(Bryan) (SD Tex., #13,850)*
||McGrue v. Williams.
(WD Tex., Waco Div., #2291)*
||Carter v. Hix.
(Gatesville) (WD Tex., Waco Div., #2276)*
||Miller v. Barnes.
(Georgetown) (CA 5, #20882) (8 RRLR 1035, 328 F.2d 810, 9 RRLR 211) Facts: VIII DOCKET 143. Feb. 27, 1964: CA ordered 2 grades desegregated first year of grade-a-year plan, held gradual desegregation permissible based on judge's assessment of local conditions, conceded Pls. in this suit may never attend integrated schools. Tuttle, C.J., diss.: "sole reason for delaying desegregation . . . is a refusal of the white community to accept [it] at a more rapid pace."
||Kreger v. Bd. of Trustees, Georgetown Ind. School Dist.
(Tex. Sup. Ct.) Pls. filed taxpayers' suit to restrain Def.-Bd. from spending public funds on segregated schools. Dist. Ct. dismissed. Ct. of Civil App. reversed, held such expenditure illegal, enjoined Defs. Jy. 24, 1963: Tex. Sup. Ct. vacated judgment, held issue moot due to DC order in Miller, 522.Tex.23, dismissed.
||Price v. Denison Independent School Dist.
(ED Tex., #1565; CA 5) Facts: IX DOCKET 64. DC upheld Def.'s grade-a-year plan, dismissed. Pl's. appeal pending.
||Richard v. Christ.
(Jefferson Co.) (ED Tex.)*
||Griffin v. Co. School Bd.
(Prince Edward Co.) (U.S.S.C., #592; ED Va.) (133 SE.2d 565) Facts: VIII DOCKET 51, 143, IX DOCKET 26, 64. May 25, 1964: U.S.S.C. reversed CA, affirmed DC, Black, J.: (1) Accepting opinion of Va. Sup. Ct. of App. (133 SE.2d 565) that each Co. has option to operate or not to operate public schools as binding on U.S.S.C., "but we cannot accept the Va. ct's. further holding . . . that closing the Co's. public schools under the circumstances of the case did not deny the colored school children of . . . Co. equal protection of the laws guaranteed by the Fedl. Constitution." (2) "the Equal Protection Clause relates to equal protection of the laws 'between persons as such rather than between areas.'" (3) Clearly sole purpose in closing Co. schools here and nowhere else in State was to ensure no desegregated schools: "Whatever nonracial grounds might support a State's allowing a Co. to abandon public schools, the object must be a constitutional one." (4) "Relief needs to be quick and effective"; DC enjoined Co. from paying tuition grants or giving tax exemptions and from processing applications for state tuitions grants so long as Co's. public schools remained closed; DC had power to make this order and to make all other necessary orders to prevent further racial discrimination, including adding new parties, and "to enter a decree which will guarantee that these Pets. will get the kind of education that is given in the State's public schools." Clark and Harlan, JJ. "disagree with the holding that the fedl. cts. are empowered to order the reopening of the public schools in . . . Co., but otherwise join" in opinion.
June 9: Pls. moved in DC for integration of teaching staffs, order to Def. to open schools. June 17: DC ordered Bd. to levy taxes and collect funds to reopen schools. June 23: Bd. voted (4-2) to reopen schools, appropriate $189,000 for 1964-65 school year for public schools, $375,000 for tuition grants to white students attending "private" school. ($189,000 is approximate amount formerly spent by Bd. to maintain Negro schools.) June 29: Pls. moved to order Bd. to appropriate funds for public schools sufficient to educate both white and Negro pupils; pending.
And see Pettaway, 522.Va.33.
||U.S. v. Prince George Co. Bd. of Educ.
(ED Va., Richmond Div., Civ. #3536) Facts: VIII DOCKET 86. 1963: DC denied Def.'s motions to dismiss and for summary judgment, held provision in fed'l. impacted areas assistance contract required Defs. to provide integrated schools for children of fed'l. personnel, dismissed state as Def.
But see 522.Ala.8, 522.La.14.
- 115 -
||Adkinson v. School Bd.
(Newport News) (ED Va., Newport News Div., #642)*
||Hill v. School Bd.
(Norfolk) (ED Va.)*
||Dillard v. School Bd.
(Charlottesville) (DC Va.) (cert. den., 374 U.S. 827)*
||Brooks v. School Bd.
(Arlington Co.) (ED Va.) (324 F.2d 303)*
||Kilby v. Warren Co. School Bd.
||Bradley v. School Bd.
(Richmond) (ED Va., #3353) Facts: VIII DOCKET 52, 115, IX DOCKET 26. Mar. 16, 1964: DC approved free transfer plan.
||Blackwell v. School Bd.
(Fairfax Co.) (ED Va., #1967)*
||Blakeney v. Fairfax Co. School Bd.
(ED Va., Alexandria Div., Civ. #3067) (226 F.Supp. 713, 9 RRLR 217) June 14, 1963: Pls.-Negro children petitioned DC to intervene in Blackwell, 522.Va.20, alleging continued discrimination, requesting desegregation of teaching and admr. staffs. By stipulation, DC treated petition as complaint, tried case as original proceeding filed by Pls. against Defs. Mar. 2, 1964: DC found Defs'. pupil assignment regulations discriminatory on their face, but nondiscriminatorily applied, found no evidence of racial discrimination in assignment of teaching staffs.
||Green v. School Bd.
(Roanoke) (WD Va., Roanoke Div., #1093) (8 RRLR 1045)*
||Marsh v. School Bd.
(Roanoke Co.) (WD Va., Roanoke Div., #1095)*
||Jackson v. School Bd.
(Lynchburg) (WD Va., Lynchburg Div., #534) (321 F.2d 230) Facts: VIII DOCKET 52, 86, IX DOCKET 64. DC approved revised plan: grades 1-6 to be desegregated 1964, grades 1-9 in 1965, all grades in 1966.
||Anderson v. School Bds., West Point and King William Co
. (Richmond) (ED Va., #3365)*
||McLeod v. Chesterfield Co. School Bd. and Va. Pupil Placement Bd.
(near Richmond) (ED Va., #3431)*
||Williams v. Winchester School Bd.
(WD Va., Harrisonburg Div., #629)*
||Scott v. Fredericksburg School Bd.
(ED Va., #3438)*
||Brown v. Co. School Bd.
(Frederick Co.) (WD Va., Civ. #642; CA 4, #9193) (327 F.2d 655, 9 RRLR 224) IX DOCKET 26. Correction: July 22, 1963: DC noted state Pupil Placement Bd. assigned all Pls. to schools they desired to attend, ordered case stricken from docket subject to be reopened by Pls. or any intervenor. Pls. appealed. Jan. 27, 1964: CA 4, per curiam, reversed: record shows Defs. maintain segregated schools; case should remain on docket until DC considers injunctive relief for class Pls. represent and counsel fees asked by Pls. Mar. 11: DC ordered case restored to docket, taxed certain of Pls'. filing and brief printing fees to Defs.
||Gilliam v. School Bd.
(Hopewell) (ED Va., Richmond Div., Civ. #3554; CA 4) Facts: VIII DOCKET 143. Sept. 1963: When Pls. reported to schools to which Jy. 12 injunction admitted them, turned away, told they had been reassigned to their former schools by Va. Pupil Placement Bd. Sept. 13: DC ordered Pls. admitted to schools to which they had applied, ordered Def. to submit desegregation plan within 90 days. Sept. 17: Byran, J., of CA 4, denied stay of injunction pending appeal. Def.-School Bd. filed desegregation plan. Pending.
||Buckner v. School Bd.
(Greene Co.) (DC Va.)*
||Bell v. Co. School Bd. of Powhatan Co.
||Powhatan Co. School Bd. v. Pupil Placement Bd.
(Richmond) (Richmond Cir. Ct., Ch. #B-2903)*
||Pettaway v. Co. School Bd.
(Surry Co.) (ED Va., Richmond Div., Civ. #3766) 1962: Va. Pupil Placement Bd. assigned 7 Negro pupils to previously all-white school. Private school for whites organized, all white pupils in Co. enrolled, Def.-Bd. provided tuition grants, closed previously all-white public school for insufficient enrollment. Pls.-Negro children sued to restrain Def.-Bd. from paying tuition grants, failing to operate any school in Co., to restrain Def.-Bd. of Supers. from appropriating less to run public schools than in previous years. Sept. 30, 1963: DC found case turned on constitutionality of state and Co. subsidy of private segregated schools, noted similar question at issue in Griffin, 522.Va.1, denied Pls'. motion for preliminary injunction. May 25, 1964: CA 4 reversed, ordered hearing on merits. June 19: DC enjoined Defs. from processing applications for state or Co. funds for use at segregated schools, from any discriminatory action in operation of public schools, and from closing any schools which they operated during 1962-63 school year.
||Belton v. Co. School Bd.
(King George Co.) (ED Va., Richmond Div., Civ. #3579) (8 RRLR 1443) 1963: Pls.-Negro children sued Def.-Bd., Co. Sup't. of Schools and Va. Pupil Placement Bd., asking Defs. be enjoined to end segregation or submit desegregation plan. Sept. 1963: DC found white students given free choice of schools, Negroes had to fulfill onerous administration criteria prescribed by Va. Pupil Placement Bd. to attend white schools, held this a denial of equal protection, held failure of Pls. to go through these procedures excusable failure to exhaust administrative remedies, enjoined Defs. from discrimination in pupil assignment, held if Defs. filed desegregation plan within 90 days, DC approval of plan would allow Defs. to proceed in accord with it. Defs. filed plan. Pending.
||Taylor v. Raleigh Co. Bd. of Educ.
(SD W.Va., Beckley #159)*