Case: U.S. v. Jefferson County Bd. of Ed./Stout v. Jefferson County Bd. of Ed.

2:65-cv-00396 | U.S. District Court for the Northern District of Alabama

Filed Date: June 4, 1965

Case Ongoing

Clearinghouse coding complete

Case Summary

This is the case in which the Fifth Circuit Court of Appeals took the firm position that "freedom of choice" plans could be legally insufficient to meet the constitutional obligations of a formerly de jure segregated school system to convert from "dual" to "unitary" schools. 372 F.2d 836 (1966) (Judge John Minor Wisdom), and that the Department of Health Education and Welfare's approach to school desegregation planning was appropriate. It stood in contrast to the opposite view taken by the lo…

This is the case in which the Fifth Circuit Court of Appeals took the firm position that "freedom of choice" plans could be legally insufficient to meet the constitutional obligations of a formerly de jure segregated school system to convert from "dual" to "unitary" schools. 372 F.2d 836 (1966) (Judge John Minor Wisdom), and that the Department of Health Education and Welfare's approach to school desegregation planning was appropriate. It stood in contrast to the opposite view taken by the lower court in Briggs v. Elliot, ("Nothing in the Constitution or in the decision of the Supreme Court takes away from the people freedom the choose the schools they attend. The Constitution, in other words, does not require integration. It merely forbids discrimination.") 132 F.Supp. 776, 777 (E.D.S.C.1955). Not until 1968 did the Supreme Court take a side in this debate, coming down firmly (and unanimously) against freedom of choice as alone sufficient, in Green v. County School Board, 391 U.S. 430 (1968).

On June 4, 1964, an action on behalf of a class of black schoolchildren was filed against the Jefferson County (AL) Board of Education in the U.S. District Court for the Northern District of Alabama. The plaintiffs, represented by attorneys of the NAACP Legal Defense and Educational Fund, Inc., sought to desegregate the public schools of Jefferson County, Alabama. Finding that the school board maintained a racially segregated school system, the district court entered an unpublished order requiring the board to submit a desegregation plan. Following submission of the board's plan, the United States intervened as an additional plaintiff, represented by counsel from the U.S. Department of Justice's Civil Rights Division. Intervention was pursuant to Section 902 of the Civil Rights Act of 1964, 42 U.S.C. 2000h-2.

On July 27, 1965, District Judge Seybourn H. Lynne entered an unpublished order approving the Board's plan and overruling objections filed by the plaintiffs and the United States. The plaintiffs and the United States appealed and, on August 17, 1965, the U.S. Court of Appeals for the Fifth Circuit vacated the district court order and remanded the case for further consideration in light of certain recently-decided appellate cases. United States v. Jefferson County Board of Education, 349 F.2d 1021 (5th Cir. 1965) (per curiam).

Upon remand, the board filed an amendment to its school desegregation plan which was approved by the district court on August 27, 1965. On October 25, 1965, the United States again appealed to the U.S. Court of Appeals for the Fifth Circuit. The appeal was consolidated, for briefing purposes, with similar appeals in six other school desegregation cases (United States v. Board of Education of the City of Fairfield; United States v. Board of Education of the City of Bessemer; United States v. Caddo Parish School Board; United States v. Bossier Parish School Board; Johnson v. Jackson Parish School Board; and Banks v. Claiborne Parish School Board). All the cases were from federal district courts in the Northern District of Alabama and the Western District of Louisiana.

A panel of the appellate court reversed the rulings below, and found that the desegregation standards set by guidelines of the U.S. Department of Health, Education and Welfare (HEW) were within the rationale of the U.S. Supreme Court's decision in Brown v. Board of Education, 347 U.S. 483 (1954), and the congressional objectives of the Civil Rights Act of 1964. United States v. Jefferson County Board of Education, 372 F.2d 836 (1966) (Circuit Judge John Minor Wisdom). Relying on language in the Supreme Court's second decision in Brown v. Board of Education, 349 U.S. 294 (1955), Judge Wisdom wrote that the Constitution compels formerly de jure segregated public school systems based on dual attendance zones (and using what were called "permissive freedom of choice" plans) to shift to unitary, non-racial systems, with or without federal funds. The court found it appropriate for the federal government to condition local schools' receipt of federal funds on the schools' compliance with the HEW desegregation guidelines (which, according to Judge Wisdom, restated the judicial standards applicable to disestablishing de jure segregation in the public schools) or upon a school's agreement to comply with an applicable court desegregation order. The panel opinion observed that the Constitution is color blind in the sense that "a classification that denies a benefit, causes a harm, or imposes a burden must not be based upon race. But the Constitution is color conscious to prevent discrimination being perpetuated and to undo the effects of past discrimination." Id., at 876. The court then discussed specific elements of a freedom of choice plan which would be mandatory, annual and available to all students, regardless of race. An appendix attached to the opinion consisted of a proposed decree to be entered by the district courts, upon remand, and modified only upon proof of exceptional circumstances.

The appellate panel's opinion was adopted by the full Fifth Circuit's subsequent en banc review of the case. United States v. Jefferson County Board of Education, 380 F.2d 385 (5th Cir. 1967) (en banc) (per curiam). The proposed decree was revised in this review, in accordance with updated HEW guidelines. The decree addressed topics including speed of desegregation, exercise of choice, prospective students, transfers, services, facilities and activities, and programs, school equalization, new construction, faculty and staff, and reports to the court. The court emphasized that it was not enough for school boards to offer the opportunity for black children to attend formerly all-white schools. Overcoming the effects of the unconstitutional dual school systems required integration of faculties, facilities, and activities, as well as students. Id.

Details of this case's activity in the district court during the next few years are not currently available to the Civil Rights Litigation Clearinghouse; however, by 1971 an unpublished district court ruling resulted in another appeal to the Fifth Circuit. In a brief order, the appellate court vacated the district court's ruling and directed that, on remand, the district court must require the school board (including the boards of any splinter districts created since the filing of the original action) to implement a student assignment plan compliant with recent Supreme Court precedent. The district court was told (1) to not recognize the creation under state law of splinter school districts having the effect of thwarting the implementation of a unitary school system, (2) to fully implement recent Fifth Circuit precedent relating to faculty and staff desegregation, transfer policy, transportation, school construction and site selection, and attendance outside system of residence, and (3) to require the school board to file semi-annual status reports. Stout v. Jefferson County Board of Education, 448 F.2d 403 (5th Cir. 1971) (per curiam). The appellate ruling was followed by District Judge Sam C. Pointer's issuance of an amended order, on September 8, 1971, addressing details, per attendance zone and otherwise, of the school board's obligations under the decree.

For a time, near-yearly appeals to the Fifth Circuit followed, sometimes involving multiple cases consolidated on appeal. In 1972, a panel of that court upheld Judge Pointer's order, affirming his direction that a county school board take over the operations of a splinter school district when the latter's board refused to comply with the district court's decree. The appellate court required the district judge's annual review of the non-compliance, however, so that local control of schools could be re-established as soon as possible. In its decision, the Fifth Circuit also revised, or required the district court to study and revise, limited aspects of Judge Pointer's order addressing transportation, transfers and school construction. Stout v. Jefferson County Board of Education, 466 F.2d 1213 (5th Cir. 1972) (per curiam). In 1973, an appeal resulted in an opinion that affirmed the district court's order modifying certain attendance zones and transforming, at the county school board's request, a formerly all-black high school into an integrated center for exceptional children. Stout v. Jefferson County Board of Education, 483 F.2d 84 (5th Cir. 1973) (per curiam). On remand, Judge Pointer addressed additional attendance zones within the school district. Then, when one high school's subsequent attendance figures suggested a white boycott was occurring, the school board sought modification of the judge's orders. Judge Pointer denied the request and the board appealed. The Fifth Circuit affirmed, finding the board could not show an abuse of discretion had occurred, since the district judge's action resulted from an in-chambers, unreported hearing. Stout v. Jefferson County Board of Education, 489 F.2d 97 (5th Cir. 1974) (per curiam). The writ to the Supreme Court was denied. 411 U.S. 930. 410 U.S. 928.

During the period following issuance of the 1971 decree, the United States also appealed. Once, when Judge Pointer refused to modify attendance zones for two elementary schools in accord with a federal proposal, his decision resulted in maintaining the schools as all black. On appeal, the Fifth Circuit affirmed, finding that the district judge acted in the context (1) of already-achieved dismantling of the dual public school system in Jefferson County, (2) of concern for the risk to children stemming from lengthy bussing over busy roads and through mountains, and (3) with an experienced-based assessment that his decision minimized the risk of further white boycotting of the schools. Stout v. Jefferson County Board of Education, 537 F.2d 800 (5th Cir. 1976) (Circuit Judge Thomas Gibbs Gee). The appellate court observed, however, that this limited existence of single-race schools in the county's now unitary school system warranted continued scrutiny of the school system by the district court. Id. The United States' application for rehearing or for rehearing en banc was denied. Stout v. Jefferson County Board of Education, 544 F.2d 1342 (5th Cir. 1976) (Circuit Judge Gee).

Over a decade later, the unitary status of Jefferson County's public remained an issue. By this time, the former Fifth Circuit had been divided into two courts, one retaining the Fifth Circuit appellation and the newer one forming as the U.S. Court of Appeals for the Eleventh Circuit. With Alabama included in the Eleventh Circuit's boundaries, the new court had jurisdiction over an appeal resulting from Judge Pointer's action. In his district court in August 1987, a group of black schoolchildren filed as plaintiffs. They lived in an area recently annexed from the county into a city. This led to their being assigned to attend heavily black city schools, with the county schools the plaintiffs would have attended then being predominately white. Plaintiffs sought an injunction allowing them to remain in the county school system. Judge Pointer denied the requested relief in an unpublished order. He relied upon the fact that the city schools had been declared unitary, that the county school board did not cause the change in attendance districts, and that that board had been following a consistent policy applied in all cases of annexation.

The plaintiffs appealed to the Eleventh Circuit. Circuit Judge Phyllis A. Kravitch, writing for the court, noted that the plaintiffs wrongly sought interdistrict relief without demonstrating both an interdistrict violation and interdistrict effect, contrary to Milliken v. Bradley, 418 U.S. 717 (1974). The argument that, despite the involvement of two school systems, the plaintiffs actually sought intradistrict relief (with the requested injunction simply being a means to ensure the effectiveness of the original desegregation order applicable to the county) also failed, since the city system had already been declared unitary and the plaintiffs sought essentially permanent relief, depriving a locality of control over its schools without a finding of a constitutional violation. As for Jefferson County's school system, Judge Kravitch noted the Fifth Circuit's 1976 ruling (above) declaring that the county now operated a unitary system, the qualification of that declaration via the continuation of court supervision over the district, and a later Eleventh Circuit statement (in a different case, Brown v. Jefferson County Board of Education, 808 F.2d 1445 (11th Cir. 1987)) that the county system had yet to be declared unitary. Stout v. Jefferson County Board of Education, 845 F.2d 1559 (5th Cir. 1988).

Again, over a decade passed. On September 15, 2000, prompted by the proposed closure of two schools, a consent order proposed by the parties was signed by District Judge Inge Prytz Johnson. The order, which included supporting data, required certain attendance zone modifications and student reassignments. The order cited the defendant school board's acknowledgment that it had failed to appropriately monitor intra-district transfers for compliance with applicable court rulings and set out plans to remedy that shortcoming.

Over forty years after this case began, the district court continued to require compliance by Jefferson County's public schools with constitutional standards and the 1971 remedial order. In May 2005, Judge Johnson approved an unpublished consent order (twice modifying it that August) which approved the operation, within Jefferson County, of the City of Trussville's newly-formed school system. The order reflects that counsel for the plaintiffs, for the United States and for the defendants were all apprised, in advance, of the planned new system and given the opportunity to review relevant information concerning its formation, operation and impact, so that the court could ensure that there would be no impediment to the desegregation process. The order included an inter-district transfer policy, a pupil transportation policy, and plans for attendance zone issues arising during the transitional period. Acknowledging the impact of new legislation, the order also addressed the impact of transfers which might result from requirements imposed on schools by provisions of the federal "No Child Left Behind Act of 2001," 20 U.S.C. §§ 6316. The consent order explicitly observed that the new district was subject to the court's 1971 order and imposed detailed reporting requirements for the Trussville school board. One of Judge Johnson's August 2005 modifications approved certain student transfers requested under the No Child Left Behind Act, noting that transfer obligations the Act imposed on the board can fundamentally conflict with transfer guidelines in prior desegregation orders issued by the court.

In an unpublished August 7, 2007, order, upon motion from the county school board, Judge Johnson again approved proposed student transfers for the upcoming school year, as had been requested under the No Child Left Behind Act. Court supervision continued, with Judge Johnson approving, in an unpublished August 24, 2007, order, a joint motion seeking approval of the county board's plan to build a new middle school. In following months, school boards subject to court supervision in this case continued to file status reports with the court.

On May 26, 2009, the Court approved a modification to school zone lines; on January 1, 2010 approved more construction projects; and on April 14, 2011, approved a grade reconfiguration and classroom construction.

On July 29, 2011, the Court issued an order modifying the existing desegregation order to allow transfers under No Child Left Behind that fundamentally conflicted with the existing desegregation order for the 2010-2011 school year.

Between 2011 and 2016, status reports continued to be filed and the court oversaw the school district’s plans for student assignment and district rezoning. The student assignment chart described placement of each student in elementary, middle, and high school schools within in the district for the academic year. Additional plans for district rezoning were also submitted to the court for approval. The court granted a motion to reconfigure certain grades and to introduce a middle school IB program for the district on July 25, 2016 in a memorandum opinion and order. 2016 WL 3971429. Also in 2016, the case’s docket number was changed for administrative purposes and easier access to no. 2:16-mc-00199. The orders and status reporting from the prior docket were refiled. Continuing from 2016 until the latest case update in 2019, status reports, motions for student assignments, motions for district rezoning, and motions for transfer plans of students continued.

During March 2014, the Gardendale Municipal School System was created, intending to separate from the Jefferson County systems. Consulting firms and a national search for a superintendent were part of an effort to change the environment in Gardendale, where there had been complaints that classes were too large and test scores were too low. The separation was highly problematic in that it would separate one of the high schools with the most resources from the district, a school that was 90% white with above a 90% graduation rate.

On April 24, 2017, the court ordered that the Gardendale Municipal School district’s proposals for separation and ratios were motivated by race and had attempted to evade the valid desegregation order, not including two elementary schools that warranted separation for practical considerations. The court also stated that the county had successfully attracted a racially and geographically diverse student body to the school through the county's good faith efforts to comply with the desegregation order, comporting with basic notions of fairness. 250 F.Supp.3d 1092 (N.D. Ala.)

The case was subsequently appealed. On February 13, 2018, the court affirmed the finding of the lower court that the separation plan violated the constitution by impeding the desegregation efforts of the Jefferson County Board. 882 F.3d 988. The case was remanded with instructions to deny the motion of the Gardendale board to secede.

On May 4, 2018, both the school district and the United States of America filed status reports regarding the “Green Factor Assessment,” based upon Green v. County School Board, 391 U.S. 430 (1968), as a tool for assessing a school district’s compliance with a desegregation order: student assignment, faculty and staff assignment, transportation, extracurricular activities, and facilities, stating that compliance could not be fully measured until new measures of transportation were imposed.

On June 21, 2019, the plaintiffs filed a motion to substitute the named class representatives, which was granted on the 26th.

As of November 27, 2019, the enforcement of desegregation measures against the school district continued with regular required status reports and the district being required to request permission from the court for all changes to zoning, student assignment, faculty and staff assignment, transportation, extracurricular activities, and facilities.

The case remains ongoing, with yearly status reports submitted to the court.

Summary Authors

Mike Fagan (4/22/2008)

Claire Lally (4/3/2015)

Emma Himes (2/7/2020)

Related Cases

Johnson v. Jackson Parish School Board, Western District of Louisiana (1965)

United States v. Lincoln Parish School Board, Western District of Louisiana (1966)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5628976/parties/stout-v-jefferson-cty-bd-ed/


Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Attorney for Plaintiff

Adams, Oscar W. Jr. (Alabama)

Amaker, Norman C. (New York)

Attorney for Defendant

Airhart, Teddy W. Jr. (Louisiana)

Allain, William A. (Mississippi)

Expert/Monitor/Master/Other
Attorney for Plaintiff

Adams, Oscar W. Jr. (Alabama)

Amaker, Norman C. (New York)

Anderson, Rueben V. (Mississippi)

Aronson, Henry (New York)

Banks, Fred L. Jr. (Mississippi)

Barre, Melvin P. (Louisiana)

Barrett, St. John (District of Columbia)

Belton, Robert (New York)

Berman, Amy I. (District of Columbia)

Bhargava, Anurima (New York)

Billingsley, Orzell Jr. (Alabama)

Bleveans, John (District of Columbia)

Bowers, Theodore R. (Florida)

Brest, Paul (Mississippi)

Bronstein, Alvin J. (Mississippi)

Burg, Harvey M. (Alabama)

Chachkin, Norman J. (New York)

Clark, Leroy D. (New York)

Clemon, U. W. (Alabama)

Collins, Robert Frederick (Louisiana)

Crawford, Vernon Z. (Alabama)

David, Harris (Louisiana)

Davidson, Michael (New York)

Days, Drew S. III (District of Columbia)

Doar, John (District of Columbia)

Douglas, Nils R. (Louisiana)

Dunbaugh, Frank M. III (District of Columbia)

Dunne, Sarah A. (District of Columbia)

Elie, Lolis E. (Louisiana)

Feinberg, Alfred (New York)

Finkelstein, Joel M. (District of Columbia)

Flannery, J. Harold (District of Columbia)

Garrish, Theodore J. (District of Columbia)

Gaston, A. Lattimore (District of Columbia)

Gorman, Walter (District of Columbia)

Graves, William C. (District of Columbia)

Greenberg, Jack (New York)

Gregory, David D. (District of Columbia)

Hancock, Paul F. (District of Columbia)

Hardee, Richard B. (Texas)

Harper, Conrad K. (New York)

Harrison, Jack H. (Alabama)

Herbert, GeDa' Lea Jones (District of Columbia)

Holmes, Jennifer Amelia (District of Columbia)

Hood, David H. Jr. (Alabama)

Jones, Elaine R. (New York)

Katzenbach, Nicholas de B. (District of Columbia)

Keenan, William Q. (New York)

Kemmitt, Christopher (District of Columbia)

Kirkland, Earl A. (New York)

Kleinman, Rachel Miriam (New York)

Kohrman, Daniel B. (District of Columbia)

Landsberg, Brian K. (District of Columbia)

Leifer, Elihu (District of Columbia)

Leonard, Jerris (District of Columbia)

Leventhal, Melvyn R. (New York)

Lewin, Nathan (District of Columbia)

Lin-Luse, Monique N. (New York)

Loper, Merle W. (District of Columbia)

Lucas, Louis (Tennessee)

Marshall, Reese (Florida)

Martin, Alice H. (Alabama)

Maurer, Michael S. (District of Columbia)

Maxey, John L. II (Mississippi)

Mayer, Kristan S. (District of Columbia)

Meltsner, Michael (New York)

Miller, Pauline A. (District of Columbia)

Moore, Howard Jr. (Georgia)

Morgan, Charles Jr. (Georgia)

Nabrit, James M. III (New York)

Nesson, Charles R. (District of Columbia)

Newton, Demetrius C. (Alabama)

Norman, David L. (District of Columbia)

Pergam, Albert S. (District of Columbia)

Pollak, Stephen J. (District of Columbia)

Pottinger, J. Stanley (District of Columbia)

Queen, Jesse H. (District of Columbia)

Rachlin, Carl (New York)

Rankin, D. Battle (District of Columbia)

Roberts, Robert P. (Louisiana)

Robinson, William L. (District of Columbia)

Ross, Deuel (Alabama)

Ross, Alexander C. (District of Columbia)

Ruffin, John H. Jr. (Georgia)

Scall, Lester (District of Columbia)

Seay, Solomon S. Jr. (Alabama)

Shaheen, Edward L. (Louisiana)

Shapiro, Jonathan (New York)

Sharp, James Jr. (Louisiana)

Sherrer, Wayman (Alabama)

Simmons, Sharon D. (Alabama)

Simons, Shaheena A (Alabama)

Simons, Valerie (District of Columbia)

Smith, Gerald A. (Maryland)

Sobol, Richard B. (Louisiana)

Somerville, William G. Jr. (Alabama)

Stone, Jesse N. Jr. (Louisiana)

Strickler, George Marion Jr. (Louisiana)

Sweeney, Donald B. Jr. (Alabama)

Tolliver, Stanley E. (Ohio)

Tureaud, A. P. (Louisiana)

Vance, Robert Smith (Alabama)

Wallace, Fred (New York)

Weaver, Macon L. (Alabama)

White, Franklin E. (New York)

White-Spunner, Charles S. Jr. (Alabama)

Wilds, Christopher (New York)

Wright, Marian E. (Mississippi)

Young, Michaele Nicole Turnage (District of Columbia)

Zarr, Melvyn (New York)

Attorney for Defendant

Airhart, Teddy W. Jr. (Louisiana)

Allain, William A. (Mississippi)

Baker, William H. (Louisiana)

Barnes, Reid B. (Alabama)

Bennett, Julian (Florida)

Bishop, Maurice F. (Alabama)

Brooks, James D. (Alabama)

Cannada, Robert C. (Mississippi)

Colvin, Gerald D. Jr. (Alabama)

Colvin, Whit (Alabama)

DeJean, Kenneth C. (Louisiana)

Duncan, Harry C. (Florida)

Falkenheiner, W. C. (Louisiana)

Faulkner, James H. (Alabama)

Gallion, MacDonald (Alabama)

Gremillion, Jack P.F. (Louisiana)

Harbour, Henry H. (Texas)

Hill, Dana Bolden (Alabama)

Hulbert, D. P. (Georgia)

Jackson, Fred L. (Louisiana)

Johnson, Carl E. Jr. (Alabama)

Johnston, J. Bennett Jr. (Louisiana)

Jr, Carl E (Alabama)

Jr, Donald B (Alabama)

Judell, Harold B. (Louisiana)

Kent, Burgin (Alabama)

Kilbourne, Richard H. (Louisiana)

Kron, Harry Jr. (Louisiana)

Lassiter, Albin P. (Louisiana)

Luckett, Semmes (Mississippi)

Madison, Gordon (Alabama)

McEniry, J. Howard Jr. (Alabama)

McFerrin, Thomas Sr. (Louisiana)

Mcleod, Aaron G (Alabama)

Norris, Palmer W. (Alabama)

Padgett, Louis H. (Louisiana)

Pelham, Pierre (Alabama)

Perkins, Giles G. (Alabama)

Philips, Abram L. Jr. (Alabama)

Pipes, William F. Jr. (Louisiana)

Richardson, John A. (Louisiana)

Rogers, George (Alabama)

Rowe, Stephen A. (Alabama)

Rudloff, Andrew Ethan (Alabama)

Rutherford, Russell J (Alabama)

Satterfield, John C. (Mississippi)

Schuler, William P. (Louisiana)

Shands, Dugas (Mississippi)

Summer, A. F. (Mississippi)

Walsh, Stephen A (Alabama)

Ward, John F. Jr. (Louisiana)

Watkins, Thomas H. (Mississippi)

Zeigler, Alan K (Alabama)

show all people

Documents in the Clearinghouse

Document
1

2:65-cv-00396

Docket [Pre-PACER]

Stout v. Jefferson County School Board

Sept. 5, 2001

Sept. 5, 2001

Docket

2:16-mc-00199

Docket

Stout v. Jefferson County Board of Education

Jan. 3, 2020

Jan. 3, 2020

Docket

2:65-cv-00396

Docket (PACER)

Stout v. Jefferson County

Jan. 6, 2020

Jan. 6, 2020

Docket

2:65-cv-00396

Appendix to Briefs of United States, vol 4

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

April 25, 1966

April 25, 1966

Pleading / Motion / Brief

2:65-cv-00396

Appendix to Briefs of United States, vol 3

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

April 25, 1966

April 25, 1966

Pleading / Motion / Brief

2:65-cv-00396

Appendix to Briefs of United States, vol 2

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

April 25, 1966

April 25, 1966

Pleading / Motion / Brief

2:65-cv-00396

Appendix to Briefs of United States, revised vol 1

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

April 25, 1966

April 25, 1966

Pleading / Motion / Brief

23345

Brief for the United States

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

April 25, 1966

April 25, 1966

Pleading / Motion / Brief

23345

Supplemental Memorandum of the United States

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

June 3, 1966

June 3, 1966

Pleading / Motion / Brief

23345

23192

23274

23331

23335

23365

23173

Opinion

U.S. v. Jefferson County

U.S. Court of Appeals for the Eleventh Circuit

Dec. 29, 1966

Dec. 29, 1966

Order/Opinion

372 F.2d 836

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5628976/stout-v-jefferson-cty-bd-ed/

Last updated April 3, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE of Electronic Filing of MANUAL DOCKET SHEET for filings from June 4, 1965 through September 2001 when automated. (KEK) (Entered: 10/27/2014)

June 4, 1965

June 4, 1965

Clearinghouse
54

COMPLAINT against Jefferson County Board of Education filed by Plaintiff, Linda Stout. *Originally filed 6/4/1965 in 65−cv−396* (KEK) (Entered: 04/15/2016)

June 4, 1965

June 4, 1965

2

COMPLAINT against Jefferson County Board of Education filed by Plaintiff, Linda Stout. (KEK) (Entered: 04/15/2016)

June 4, 1965

June 4, 1965

PACER
55

MOTION FOR PRILIMINARY INJUNCTION filed by Plaintiff, Linda Stout. *Originally filed 6/4/1965 in 65−cv−396* (KEK) (Entered: 04/15/2016)

June 4, 1965

June 4, 1965

3

MOTION FOR PRILIMINARY INJUNCTION filed by Plaintiff, Linda Stout. (KEK) (Entered: 04/15/2016)

June 4, 1965

June 4, 1965

PACER
226

AMENDED ORDER in response to petitions for modification and clarification filed by several dft boards of education, amending orders of 8/24/71 & 8/25/71 filed (maps att) ( by Judge Sam C. Pointer Jr ) cm (ASL) (Entered: 09/20/2001)

Sept. 8, 1971

Sept. 8, 1971

Clearinghouse
735

CONSENT ORDER by the parties approving joint motion for consent order filed ( by Judge Inge P. Johnson ) cm (ASL) Modified on 09/21/2001 (Entered: 09/20/2001)

Sept. 15, 2000

Sept. 15, 2000

Clearinghouse
758

ORDER granting 6 petitions for transfer to various schools as set out in petitions; after hearing on 8/21/01; setting 11/30/01 9:00 a.m. hearing of parties w/invitation to Mayor of Irondale & other possible mayors who may choose to participate; parties to ascertain compliance w/court orders in time to ensure fair & orderly zoning & transfer process prior to beginning of 2002-2003 school year filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 09/20/2001)

Aug. 22, 2001

Aug. 22, 2001

PACER
764

TRANSCRIPT of hearing held before Judge Inge P. Johnson on 8/21/01, filed - Court Reporter Penny L. Adams (ASL) (Entered: 09/07/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER
765

ORDER denying motion by Karla McGrady for court approval to allow Patrick & Tyler McGrady to attend Gardendale schools together (motion filed 9/5/01/docketed on manual docket sheet); court finds the motion with respect to Patrick MOOT filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

PACER
766

CONSENT ORDER regarding transfers for the 2001-02 school year as set out in this order filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

PACER
767

NOTICE (letter) filed by atty Whit Colvin for defendant Jefferson Cty Bd Ed to Teresa Willcutt regarding phone call about transfer requests (filed at direction of Judge Johnson) cs (ASL) (Entered: 09/13/2001)

Sept. 11, 2001

Sept. 11, 2001

PACER
768

MOTION (joint) by plaintiff Linda Stout, intervenor-plaintiff USA and defendant Jefferson Cty Bd Ed for order to approve proposed schedule as set out in this motion filed (ASL) (Entered: 10/02/2001)

Oct. 1, 2001

Oct. 1, 2001

PACER
769

AMENDED MOTION (joint) by plaintiff Linda Stout, intervenor-plaintiff USA and defendant Jefferson Cty Bd Ed for order to approved proposed schedule as set out in this motion filed (ASL) (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

PACER
770

769 - ORDER granting motion for order to approved proposed schedule as set out in this motion [769-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

PACER
771

768 - ORDER finding the motion for order to approve proposed schedule as set out in this motion [768-1] moot ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

PACER
772

MOTION (joint) by plaintiff Linda Stout, intervenor-plaintiff USA and defendant Jefferson Cty Bd Ed for order approving letter to area mayors & city attys filed (ASL) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

PACER
773

772 - ORDER approving motion for order approving letter to area mayors & city attys [772-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

PACER
774

NOTICE filed by defendant Jefferson Cty Bd Ed of Report (no signature) (ASL) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
775

NOTICE filed by Midfield City Board of Education of REPORT (ASL) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

PACER
776

NOTICE filed by the City of Vestavia Hills Board of Education of REPORT cs (ASL) Modified on 11/06/2001 (Entered: 11/06/2001)

Nov. 6, 2001

Nov. 6, 2001

PACER
777

NOTICE filed by Homewood Board of Education of REPORT cs (ASL) (Entered: 11/07/2001)

Nov. 6, 2001

Nov. 6, 2001

PACER
778

ORDER on the court's own motion ; status conference scheduled for 11/30/01 is re-set for 9:00 a.m. on 11/29/01 in Bham AL filed ( by Judge Inge P. Johnson ) cm (ASL) Modified on 01/29/2002 (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

PACER
779

ORDER by agreement of the parties ; Additional Status conference to be held at 9:00 a.m. on 1/29/02 in Bham AL; status conference held 11/29/01 ; status conference shall be limited to actual parties to this litigation filed ( by Judge Inge P. Johnson ) cm (ASL) Modified on 01/29/2002 (Entered: 11/29/2001)

Nov. 29, 2001

Nov. 29, 2001

PACER
780

ORDER approving Joint Report on Transfer Procedure for implementation effective w/2002-03 school year which includes explanatory info & descriptive material covering Boards' plans for training personnel & effectuating the Guidelines w/extensive supporting maps & exhibits The Joint Report supplements and to extext inconsistent supersedes the 1971 Order filed [Joint Report on Transfer Procedure att to this Order] ( by Judge Inge P. Johnson ) cm (ASL) Modified on 02/08/2002 (Entered: 01/29/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
781

MOTION (joint) by plaintiff Linda Stout, intervenor-plaintiff USA, & defendant Jefferson Cty Bd Ed for court approval of inter-district transfer guidelines filed w/exh A att (ASL) (Entered: 02/11/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
782

MOTION by defendant Jefferson Cty Bd Ed for court approval of attendance zone modifications for the consolidation of the Grantswood/Shades Valley & the Grantswood/Leeds attendance zones filed w/exhs att cs (ASL) (Entered: 02/11/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
783

ORDER approving dft Jefferson County Bd of Education's motion for court approval of attendance zone modifications for the consolidation of the Grantswood/Shades Valley & the Grantswood/Leeds attendance zones [782-1] filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 02/11/2002)

Feb. 11, 2002

Feb. 11, 2002

PACER
784

781 - ORDER granting parties' motion for court approval of inter-district transfer guidelines [781-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

PACER
785

NOTICE filed by defendant Jefferson Cty Bd Ed of report no cs/no signature [in white box w/red top] (ASL) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

PACER
786

NOTICE filed by Midfield City Board of Education of REPORT (ASL) (Entered: 02/20/2002)

Feb. 20, 2002

Feb. 20, 2002

PACER
787

NOTICE/REPORT filed by the Board of Education of the City of Vestavia Hills cs (ASL) (Entered: 02/25/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
788

NOTICE/REPORT filed by Homewood City School System cs (ASL) (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

PACER
789

ORDER the court declines to rule on individual requests for transfers, finding such requests shall be governed by the procedure set forth in the Transfer Guidelines approved by order entered on 1/29/02 780 filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

PACER
790

MOTION (joint) by plaintiff Linda Stout & defendant Jefferson Cty Bd Ed for order to modify desegregation order filed w/exhs att cs (ASL) (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
791

RESPONSE by intervenor-plaintiff USA to pla Stout & dft Jeff County Bd of Ed's joint motion for order to modify desegregation order [790-1] filed [faxed copy filed pursuant to IPJ] cs (ASL) (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
792

ORDER granting joint motion for order to modify desegregation order [790-1]; pursuant to the No Child Left Behind Act of 2001, all students attending Brighton Middle School will be allowed the opportunity to transfer to a school which has not been identified for school improvement as set out in this order filed by Judge Inge P. Johnson cm (ASL) (Entered: 08/06/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
793

NOTICE of appearance for intervenor-plaintiff USA by Sarah A Dunne filed cs (ASL) (Entered: 08/07/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
794

MOTION by intervenor-plaintiff USA to substitute original response for facsimile filed on 8/6/02 filed cs (ASL) (Entered: 08/07/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
795

RESPONSE by intervenor-plaintiff USA to pla Stout & dft Jeff County Bd Ed's joint motion for order to modify desegregation order [790-1] filed [original] cs (ASL) (Entered: 08/07/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
796

794 - ORDER granting USA's motion to substitute original response for facsimile filed on 8/6/02 [794-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
797

MOTION by defendant Jefferson Cty Bd Ed for court approval of new construction and reconfiguration of zones for Warrior High School and Mortimer Jordan High School filed w/exhs att including maps cs (ASL) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

PACER
798

ORDER approving dft Jeff County Bd of Ed's motion for court approval of new construction and reconfiguration of zones for Warrior High School and Mortimer Jordan High School [797-1] as set out filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 09/04/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
799

NOTICE filed by intervenor-plaintiff USA of joint status report cs (ASL) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

PACER
800

799 - ORDER approving pla-intv USA's notice of joint status report [799-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
801

NOTICE/REPORT filed by defendant Jefferson Cty Bd Ed of October 2002 semi-annual report to Court, no cs/no signature [in white box w/light blue & white striped lid] (ASL) (Entered: 10/10/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
802

NOTICE/REPORT filed by Board of Education of the City of Vestavia Hills cs (ASL) (Entered: 10/30/2002)

Oct. 29, 2002

Oct. 29, 2002

PACER
803

NOTICE/REPORT filed by Homewood Board of Education cs (ASL) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
804

NOTICE filed by defendant Jefferson Cty Bd Ed of joint status report no cs (ASL) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
805

804 - ORDER approving notice of joint status report [804-1] ( by Judge Inge P. Johnson ) entered cm (ASL) (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
806

NOTICE/REPORT filed by Midfield City Board of Education in compliance with 8/24/71 desegregation order (ASL) (Entered: 12/12/2002)

Dec. 12, 2002

Dec. 12, 2002

PACER
807

NOTICE/REPORT filed by Midfield City Board of Education in compliance with 8/24/71 desegregation order no cs (ASL) (Entered: 02/14/2003)

Feb. 14, 2003

Feb. 14, 2003

PACER
808

NOTICE/REPORT filed by defendant Jefferson Cty Bd Ed cs (ASL) (Entered: 02/14/2003)

Feb. 14, 2003

Feb. 14, 2003

PACER
809

NOTICE/REPORT of the Board of Education of the City of Vestavia Hills filed cs (ASL) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

PACER
810

NOTICE/REPORT by Homewood City School System filed cs (ASL) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

PACER
811

MOTION by newly formed City of Leeds Board of Education for approval of formation, and for status conference filed w/exh att cs (ASL) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

PACER
812

RESPONSE by plaintiff Linda Stout to motion for approval of formation [811-1] and motion for status conference [811-2] filed cs (ASL) (Entered: 03/18/2003)

March 18, 2003

March 18, 2003

PACER
813

ORDER scheduling hearing on motion for approval of formation [811-1] and motion for status conference [811-2] at 10:00 a.m. on 5/14/03 filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

PACER
814

REQUEST (letter) by defendant Jefferson Cty Bd Ed for substitution of amended forms for McAdory Elementary School, Leeds Middle School and Minor High School filed [rec'd in Chambers 3/6/03] cs (ASL) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

PACER
815

ORDER granting Jefferson County Bd of Ed's request [814-1] which court takes a motion to substitute filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 03/20/2003)

March 20, 2003

March 20, 2003

PACER
816

MOTION by plaintiff Linda Stout to reset hearing filed cs (ASL) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

PACER
817

ORDER granting plas' motion to reset hearing [816-1] re motion for approval of formation [811-1] and motion for status conference [811-2] hearing RE-SET for 9:00 a.m. on 5/1/03 in Bham AL filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 03/25/2003)

March 25, 2003

March 25, 2003

PACER
818

RESPONSE by intervenor-plaintiff USA to Leeds Bd of Ed's motion for approval of formation [811-1] and motion for status conference [811-2] filed w/exhs att cs (ASL) (Entered: 04/25/2003)

April 25, 2003

April 25, 2003

PACER
819

ORDER at status conference parties agreed to reconvene for status conference ; Status conference to be held at 9:00 a.m. on 6/6/03 in Bham AL filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 05/01/2003)

May 1, 2003

May 1, 2003

PACER
820

RESPONSE by plaintiff to City of Leeds Bd of Ed's motion for approval of formation [811-1] and motion for status conference [811-2] filed cs (ASL) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
821

NOTICE filed by movant Leeds, City Bd of Ed of suggestion of communication on behalf of City of Leeds Board of Education cs (ASL) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

PACER
822

NOTICE filed by movant Leeds, City Bd of Ed of suggestion of status regarding formation of the City of Leeds Board of Education cs (ASL) (Entered: 06/09/2003)

June 6, 2003

June 6, 2003

PACER
823

ORDER at the status conference, the parties agreed to reconvene for a status conference ; Status conference to be held at 11:00 a.m. on 6/13/03 filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 06/09/2003)

June 9, 2003

June 9, 2003

PACER
824

ORDER granting motion for approval of formation [811-1], approval for the separate operation of the City of Leeds School District commencing 2003-04 school yr; City of Leeds Bd of Ed is directed to publicize & accept appl for inter-district transfers; City of Leeds Bd of Ed shall report to Court w/i 45 days; future transfers for City of Leeds shall be treated in same fashion as JeffCo system; Counsel for private plas & USA shall jointly report to Court w/i 30 days as set out and w/i 30 days make a joint recommendation as set out filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 06/13/2003)

June 13, 2003

June 13, 2003

PACER
825

MOTION (unopposed) by plaintiff Linda Stout, intervenor-plaintiff USA ("plaintiff-parties") to extend time to respond to 6/13/03 Order filed cs (ASL) Modified on 07/14/2003 (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

PACER
826

NOTICE filed by plaintiff Linda Stout, intervenor-plaintiff USA ("plaintiff-parties") of status report cs (ASL) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

PACER
827

ORDER setting Status conference to be held on 12:00 p.m. 7/16/03 in Birmingham, Alabama filed ( by Judge Inge P. Johnson ) cm (SNH) (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

PACER
828

NOTICE filed by movant Leeds, City Bd of Ed of suggestion of status on behalf of City of Leeds Board of Education cs (ASL) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

PACER
829

ORDER status conference held, in order to clarify matters of transfer, the parties drafted the attached agreed-to letter which the City of Leeds School District agreed to send out by 7/18/03 filed w/letter att ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

PACER
830

NOTICE filed by movant Leeds, City Bd of Ed of suggestion of status regarding student interdistrict transfers cs (ASL) (Entered: 07/29/2003)

July 28, 2003

July 28, 2003

PACER
831

NOTICE (Parties' Joint Recommendation for a Governing Order for the City of Leeds School District) of compliance by intervenor-plaintiff USA with order [824-1] filed cs (ASL) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

PACER
832

MOTION (joint) by plaintiff Linda Stout, intervenor-plaintiff USA and defendant Jefferson Cty Bd Ed to modify desegregation order to allow school board to comply with mandates of the No Child Left Behind Act of 2001 as set out in this motion filed (ASL) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

PACER
833

MOTION by defendant Jefferson Cty Bd Ed for court approval of attendance zone modifications filed w/exhs att [filed on behalf of dft & with permission of all parties] (ASL) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

PACER
834

ORDER approving motion for court approval of attendance zone modifications [833-1] in Erwin, Chalkville & Pinson attendance zones filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

PACER
835

ORDER approving motion to modify desegregation order to allow school board to comply with mandates of the No Child Left Behind Act of 2001 [832-1] for students attending Brighton Middle School as set out in this order filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

PACER
836

MOTION (emergency) by movant Leeds, City Bd of Ed for order for relief for student interdistrict transfers filed w/exhs att cs (ASL) Modified on 08/06/2003 (Entered: 08/04/2003)

July 31, 2003

July 31, 2003

PACER
837

RESPONSE (letter) by plaintiff to City of Leeds Bd of Ed's motion for order for relief for student interdistrict transfers [836-1] filed [no exh att] cs (ASL) Modified on 08/06/2003 (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

PACER
838

ORDER granting in part & denying in part City of Leeds Board of Ed's motion for order for relief for student interdistrict transfers [836-1]; Court will GRANT interdistrict transfer of 13 students identifed as sophomores, juniors and seniors in Appendix F of Petition; all other interdistrict transfers requested in petition are DENIED filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

PACER
839

RESPONSE by intervenor-plaintiff USA to City of Leeds Bd of Ed's motion for order for relief for student interdistrict transfers [836-1] filed cs (ASL) (Entered: 08/06/2003)

Aug. 6, 2003

Aug. 6, 2003

PACER
840

CONSENT ORDER governing the operations of the City of Leeds School District as set out in this order filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 08/14/2003)

Aug. 14, 2003

Aug. 14, 2003

PACER
841

NOTICE/REPORT by Midfield City Board of Education filed (ASL) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
842

NOTICE/REPORT filed by defendant Jefferson Cty Bd Ed [1 box of exh] [deemed filed 10/10/03] cs (ASL) Modified on 10/15/2003 (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
843

NOTICE (Reports) of compliance by Leeds, City Bd of Ed with order [840-1] filed exhs att [in expandable folder] cs (ASL) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

PACER
844

NOTICE/REPORT by Board of Education of the City of Vestavia Hills filed w/exhs including envelope cs (ASL) (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

PACER
845

NOTICE/REPORT by Homewood City School System filed w/exhs att cs (ASL) (Entered: 10/23/2003)

Oct. 23, 2003

Oct. 23, 2003

PACER
846

ORDER that parties who wish to respond to City of Leeds Board of Education reports 843, should do so w/i 14 days filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 10/28/2003)

Oct. 28, 2003

Oct. 28, 2003

PACER
847

RESPONSE by intervenor-plaintiff USA to City of Leeds' 10/20/03 report [843-1] filed cs (ASL) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

PACER
848

MOTION by plaintiff to enforce order of 8/5/03 and for order to show cause filed w/exh att cs (ASL) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

PACER
849

NOTICE of compliance (Notice of Filing Non-Racial Criteria) by movant Leeds, City Bd of Ed with order [840-1] filed cs (ASL) (Entered: 11/14/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
850

ORDER granting USA's motion to enforce order of 8/5/03 and for order to show cause [848-1] as set out in this order; City of Leeds Board of Education shall SHOW CAUSE w/i 14 days why it should not be held in contempt of this court's Order of 8/5/03 filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

PACER
851

RESPONSE by movant Leeds, City Bd of Ed to show cause order [850-1] filed w/exhs att cs (ASL) (Entered: 12/05/2003)

Dec. 4, 2003

Dec. 4, 2003

PACER
852

ORDER that portion of Court's Order of 11/20/03 requiring 15 students to be transferred is LIFTED, those students shall continue to attend the school for which each is zoned filed ( by Judge Inge P. Johnson ) cm (ASL) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

PACER
853

NOTICE/REPORT filed by Board of Education of the City of Midfield (ASL) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

PACER
854

NOTICE/REPORT filed by defendant Jefferson Cty Bd Ed [1 small box] cs (ASL) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

PACER
855

NOTICE of compliance by Leeds, City Bd of Ed with order [840-1] filed w/exhs att cs (ASL) (Entered: 02/20/2004)

Feb. 20, 2004

Feb. 20, 2004

PACER

Case Details

State / Territory: Alabama

Case Type(s):

School Desegregation

Special Collection(s):

Civil Rights Division Archival Collection

Featured Historical Cases

Key Dates

Filing Date: June 4, 1965

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

African American school children in Jefferson County, Alabama; United States Department of Justice

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Jefferson County (Jefferson), County

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Monitoring

Order Duration: 1971 - None

Issues

General/Misc.:

Education

Racial segregation

School/University Facilities

School/University policies

Discrimination Basis:

Race discrimination

Affected Race(s):

Race, unspecified