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 Finding that the school board maintained a racially segregated school system, the district court entered an unpublished order requiring the board to submit a desegregation plan.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)

Bell, Griffin Boyette (Georgia)

Brown, John Robert (Louisiana)

Carswell, George Harrold (Florida)

Coleman, James Plemon (Louisiana)

Cox, Elijah Allen (Louisiana)

Dyer, David William (Georgia)

Garza, Reynaldo Guerra (Texas)

Gee, Thomas Gibbs (Louisiana)

Gewin, Walter Pettus (Alabama)

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Brown, John Robert (Louisiana)

Carswell, George Harrold (Florida)

Coleman, James Plemon (Louisiana)

Cox, Elijah Allen (Louisiana)

Dyer, David William (Georgia)

Garza, Reynaldo Guerra (Texas)

Gee, Thomas Gibbs (Louisiana)

Gewin, Walter Pettus (Alabama)

Godbold, John Cooper (Louisiana)

Goldberg, Irving Loeb (Louisiana)

Haikala, Madeline Hughes (Alabama)

Henderson, Albert John (Georgia)

Henley, Jesse Smith (Missouri)

Ingraham, Joe McDonald (Texas)

Kravitch, Phyllis A. (Georgia)

Pointer, Sam Clyde Jr. (Alabama)

Simpson, John Milton Bryan (Florida)

Thornberry, William Homer (Texas)

Tuttle, Elbert Parr (Georgia)

Wisdom, John Minor (Louisiana)

Attorneys(s) 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, 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, 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)

Attorneys(s) 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)

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)

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)

Other Attorney(s)

Beauchamp, Peter W (District of Columbia)

Campbell, Andrew P (Alabama)

DeBuys, John F. Jr. (Alabama)

Falkinburg, Thomas (District of Columbia)

Fisher, Samuel (Alabama)

Gardner, Kelly D. (District of Columbia)

Gray, Fred David Sr. (Alabama)

Guin, John C (Alabama)

Kelly, Sharon D. (Alabama)

McDonald, Yawanna Nabors (Alabama)

Michaud, Melissa Julia (District of Columbia)

Parnell, Mark K (Alabama)

Percia, Veronica R (District of Columbia)

Singleton, Natane (District of Columbia)

Thompson, Mary H (Alabama)

Expert/Monitor/Master

Murray, Wiliam F. (Alabama)

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 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

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

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

372 F.2d 836

Dec. 29, 1966

Dec. 29, 1966

Order/Opinion

Resources

Docket

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

Last updated May 19, 2022, 11:51 p.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

PACER
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

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

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
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

PACER
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

PACER
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
4

SUGGESTION OF FORMATION of Municipal School System by Hoover City Schools. *Date filed 6/7/1988* (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
5

MOTION FOR APPROVAL of Student Attendance Zones by Hoover City Schools. *Filed 6/4/2004* (KEK) (Additional attachment(s) added on 5/3/2016: # 1 Appendix C) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

6

ORDER granting Hoover City Board of Education's motion for approval of student attendance zones for the 2004−2005 school year 5 filed (by Judge Inge P. Johnson) *Filed 6/9/2004*(KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
7

MOTION for Approval of grade reconfiguration and construction of classrooms Unopposed by Hoover City Board of Education. *Filed 4/13/2011* (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
8

ORDER granting 7 Motion for grade reconfiguration and construction of classrooms. Signed by Judge Inge P Johnson on 4/14/11.(KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
9

Case reassigned to Judge Madeline Hughes Haikala. Senior Judge Inge P Johnson no longer assigned to the case. Please use case number 2:65−cv−396−MHH on all subsequent pleadings. *Filed 2/10/2014*(KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

10

STATUS REPORT for 2014 by Hoover City Board of Education filed by Hoover City Board of Education. *Filed 11/10/2014* (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
11

TEXT ORDER: On November 10, 2014, the Hoover Board of Education filed its 2014 annual report. (Doc. 10). On or before January 30, 2015, the Hoover Board of Education shall file annual reports for 2009, 2010, 2011, 2012, and 2013. If the Board is unable to provide information responsive to the reporting requirements outlined in the Court's September 8, 1971 order (see Doc. 226, pp. 10−11), the Board shall file an affidavit explaining the steps taken to locate the information and stating why the information is not available. Signed by Judge Madeline Hughes Haikala on

Feb. 3, 2016

Feb. 3, 2016

13

MOTION for Extension of Time for Parties to File Joint Report by Hoover City Board of Education. *Filed 1/27/2015* (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
14

MOTION for Extension of Time for Hoover to File Annual Reports by Hoover City Board of Education. *Filed 1/27/2015* (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
15

TEXT ORDER: The parties have filed a joint motion for an extension of time to file their joint report. (Doc. 995 ). The Hoover Board of Education also filed an unopposed motion for an extension of time to file its annual reports. (Doc. 14). The Court GRANTS the motions. (Docs. 13, 14). On or before February 6, 2015, the parties shall file a joint report outlining the parties' respective positions regarding the Green factors. On or before February 13, 2015, the Hoover Board of Education shall file annual reports for 2009, 2010, 2011, 2012, and 2013. Signed by Judge Madeline Hughes Haikala on 1/27/2015. (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
16

STATUS REPORT Joint Report To the Court by Hoover City Board of Education, Jefferson County Board of Education, United States of America. filed by Hoover City Board of Education, Jefferson County Board of Education, United States of America *Filed 2/6/2015* (Attachments: # 1 Exhibit A− Part 1, # 2 Exhibit A− Part 2, # 3 Exhibit A − Part 3, # 4 Exhibit A − Part 4, # 5 Exhibit B− Part 1, # 6 Exhibit B − Part 2, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J)(KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

17

STATUS REPORT 2010−2013 by Hoover City Board of Education. filed by Hoover City Board of Education *Filed 2/12/2015* (Attachments: # 1 Exhibit I − Student Ethnic Composition Reports, # 2 Exhibit II − Student Attendance: ADM, # 3 Exhibit III A − Student Out of District Transfer Reports, # 4 Exhibit III B − Student Intra District Transfer Reports, # 5 Exhibit III C − Intra District Transfer Application Form, # 6 Exhibit IV − Employee Ethnic Composition Reports by School, # 7 Exhibit IV − Employee Ethnic Composition: Personnel Summary 2010, # 8 Exhibit IV − Employee Ethnic Composition: Personnel Summary 2011, # 9 Exhibit IV − Employee Ethnic Composition: Personnel Summary 2012, # 10 Exhibit IV − Employee Ethnic Composition: Personnel Summary 2013, # 11 Exhibit IV − Employee Ethnic Composition: Personnel Summary 2014, # 12 Exhibit IV − Employee Ethnic Composition: Personnel Summary 2015, # 13 Exhibit V − Employee Ethnic Composition: Percentages, # 14 Exhibit VI − Part−Time Teachers by Race, # 15 Exhibit VII − Class Count Reports 2010 Part 1, # 16 Exhibit VII − Class Count Reports 2010 Part 2, # 17 Exhibit VII − Class Count Reports 2011 Part 1, # 18 Exhibit VII − Class Count Reports 2011 Part 2, # 19 Exhibit VII − Class Count Reports 2012 Part 1, # 20 Exhibit VII − Class Count Reports 2012 Part 2, # 21 Exhibit VII − Class Count Reports 2012 Part 3, # 22 Exhibit VII − Class Count Reports 2012 Part 4, # 23 Exhibit VII − Class Count Reports 2012 Part 5, # 24 Exhibit VII − Class Count Reports 2012 Part 6, # 25 Exhibit VII − Class Count Reports 2012 Part 7, # 26 Exhibit VII − Class Count Reports 2012 Part 8, # 27 Exhibit VII − Class Count Reports 2013 Part 1, # 28 Exhibit VII − Class Count Reports 2013 Part 2, # 29 Exhibit VII − Class Count Reports 2013 Part 3, # 30 Exhibit VII − Class Count Reports 2013 Part 4, # 31 Exhibit VII − Class Count Reports 2013 Part 5, # 32 Exhibit VII − Class Count Reports 2013 Part 6, # 33 Exhibit VIII − Faculty Recruiting)(KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
18

Transcript of Proceedings held on 2/20/2015, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Chanetta L. Sinkfield, Telephone number 305−6551. *Filed 3/23/2015* (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

777

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

Nov. 6, 2001

Nov. 6, 2001

PACER
19

ORDER granting Motion to Substitute Party. The Court asks the Clerk to please substitute Catrena Carter, Lonnell and Alfornia Carter, Sandra Ray, and Ricky and Alene Reeves, on behalf of their minor children, for the named plaintiffs to this action. Signed by Judge Madeline Hughes Haikala on 5/4/2015.(KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
20

NOTICE by Hoover City Board of Education re 226 Order October 2015 Report *Filed 10/21/2015* (Attachments: # 1 Exhibit I & II, # 2 Exhibit III, # 3 Exhibit IV

Feb. 3, 2016

Feb. 3, 2016

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
22

SCHEDULING ORDER regarding the Hoover City Board of Education's proposal to redraw student attendance boundaries for the 2016−2017 school year. Signed by Judge Madeline Hughes Haikala on 12/18/2015. (KEK) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

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
23

ORDER REGARDING NON−PARTY SUBMISSIONS − The Court may not participate in ex parte communications with members of the public about this case. That means that the Court cannot meet with Hoover residents or correspond with them without including counsel for all of the parties in a meeting or in correspondence. To comply with its disclosure obligations to the parties, the Court will place the correspondence that it has received to date in the electronic docket attached to a notice of filing. Signed by Judge Madeline Hughes Haikala on 2/5/2016. (KEK) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

24

MOTION for Leave to File Status Report or Motion for Extension of Time by Hoover City Schools. (Sweeney, Donald) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

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
25

STATUS REPORT by Hoover City Schools. filed by Hoover City Schools (Sweeney, Donald) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

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
26

TEXT ORDER: On February 3, 2016, the Court entered a scheduling order in this case. The order states: "By February 10, 2016, the parties shall file a status report that states whether the parties have agreed on a proposed student assignment plan and attendance boundaries for the 2016−2017 school year." (Doc. 22, p. 2). The parties have not filed a joint report. Instead, Hoover has filed an unopposed submission in which Hoover reports that the parties have not been able to reach agreement so far, but Hoover remains hopeful that the parties will be able to finalize an agreement. (Docs. 25). In its status report, Hoover reports that it is proceeding with community meetings on February 11, 16, and 18 to discuss the Board's proposed rezoning plan. Based on this information, the Court understands that Hoover is exercising its option under paragraph 4 of the Scheduling Order to "pursue its proposed student assignment plan without the consent of the private plaintiffs and/or the United States." Hoover shall make clear at the scheduled community meetings that although it is continuing to confer with the United States and the private plaintiffs, neither the United States nor the private plaintiffs has consented to Hoover's plan. Should the parties reach agreement, they shall notify the Court of their agreement within 24 hours. The Court extends until March 14, 2016 the deadline for the parties, or Hoover if Hoover continues to proceed without the consent of the private plaintiffs and/or the United States, to finalize revisions to the proposed student assignment plan, based on community input, and to present the final proposed student assignment plan to the Board for approval. If approved by the Board, the parties, or Hoover if Hoover continues to proceed without the consent of the private plaintiffs and/or the United States, will file a motion for approval of the proposed student assignment plan on or before March 21, 2016. The deadline for briefs remains March 28, 2016. The Court asks the Clerk to please term Doc. 24. Signed by Judge Madeline Hughes Haikala on 2/10/2016. (KEK) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

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
27

NOTICE OF FILING OF NON−PARTY SUBMISSIONS − (1) February 9, 2016 letter from A. Steed; and (2) February 11, 2016 letter from Dr. L. Edwards. (Attachments: # 1 2/9/16 Letter from A Steed, # 2 2/11/2016 Letter from L Edwards)(KEK) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

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
28

STATUS REPORT as of January 30, 2016 by Hoover City Schools. filed by Hoover City Schools (Attachments: # 1 Exhibit Reports I. −VIII.)(Sweeney, Donald) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

786

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

Feb. 20, 2002

Feb. 20, 2002

PACER
29

NOTICE OF FILING OF NON−PARTY SUBMISSIONS − (1) February 9, 2016 email from M. Hall/M. Tortomasi;(2) February 10, 2016 email from A. Rakes; and (3) February 11, 2016 email from M. Burns. (Attachments: # 1 2/9/2016 email from M Hall/M Tortomasi, # 2 2/10/2016 email from A Rakes, # 3 2/11/2016 email from M Burns)(KEK) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

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
31

NOTICE OF FILING OF NON−PARTY SUBMISSION − 2/23/2016 email from D Harding Smith. (Attachments: # 1 2/23/2016 email from D Harding−Smith)(KEK) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

32

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/4/2016 email and attachment from V Harris. (Attachments: # 1 3/4/2016 email from V Harris, # 2 Email attachment)(KEK) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

788

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

March 11, 2002

March 11, 2002

PACER
33

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/7/2016 email from M Redmond. (Attachments: # 1 3/7/2016 email from M Redmond)(KEK) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

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
34

SUGGESTION OF STATUS by Hoover City Schools re 26 Order, Terminate Motions Joint Suggestion of Status (Sweeney, Donald) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

35

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/1/2016 letter from J Tatum. (Attachments: # 1 3/1/2016 letter from J Tatum)(KEK) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

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
36

NOTICE OF FILING OF NON−PARTY SUBMISSION − 2/23/2016 email and petition from D Harding−Smith. (Attachments: # 1 2/23/2016 email and petition from D Harding−Smith)(KEK) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

37

NOTICE OF FILING OF NON−PARTY SUBMISSION − 2/23/2016 email and attachments from D & A Harding−Smith. (Attachments: # 1 2/23/2016 email and attachments from D & A Harding−Smith)(KEK) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

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
38

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/15/2016 letter and exhibits from E Cerice. (Attachments: # 1 3/15/2016 letter from E Cerice, # 2 Exhibit A to letter, # 3 Exhibit B to letter)(KEK) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

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
39

JOINT MOTION FOR APPROVAL OF STUDENT ATTENDANCE PLAN FOR HOOVER CITY BOARD OF EDUCATION by Hoover City Schools, United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 − Part 1, # 3 Exhibit 2 − Part 2, # 4 Exhibit 2 − Part 3, # 5 Exhibit 2 − Part 4, # 6 Exhibit 2 − Part 5, # 7 Exhibit 2 − Part 6, # 8 Exhibit 2 − Part 7, # 9 Exhibit 2 − Part 8, # 10 Exhibit 2 − Part 9, # 11 Exhibit 2 − Part 10, # 12 Exhibit 2 − Part 11)(Sweeney, Donald) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

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
40

Joint MOTION for Hearing Status Conference by Hoover City Schools. (Sweeney, Donald) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

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
41

TEXT ORDER: The private plaintiffs, the United States, and the Hoover City Board of Education have filed a joint motion for approval of a student attendance plan. (Doc. 39). The Court SETS the motion for a hearing at 9:30 a.m. on April 7, 2016 in the 8th floor courtroom, Hugo L. Black United States Courthouse, 1729 5th Ave. N., Birmingham, AL 35203. Signed by Judge Madeline Hughes Haikala on 3/23/2016. (KEK) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

42

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/20/2016 letter from J Peng. (Attachments: # 1 3/20/2016 letter from J Peng)(KEK) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

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
43

TEXT ORDER: The parties have requested a status conference with the Court to discuss issues related to the April 7, 2016 hearing on the joint motion for approval of a student attendance plan. (Doc. 40). The Court SETS this matter for a telephone conference at 10:30 a.m. CST on April 1, 2016. Counsel of record shall please dial 877−873−8018 and enter access code 5313999 to participate in the call. The Court asks the Clerk to please TERM Doc. 40. Signed by Judge Madeline Hughes Haikala on 3/25/2016. (KEK) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

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
44

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/30/2016 email from E Click. (Attachments: # 1 3/30/2016 email from E Click)(KEK) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

45

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/10/2016 email from S Maple and 3/11/2016 email from P Wenter. (Attachments: # 1 3/10/2016 email from S Maple, # 2 3/11/2016 email from P Wenter)(KEK) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

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
47

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/24/2016 email from P & D Fore. (Attachments: # 1 3/24/2016 email from P & D Fore)(KEK) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

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
48

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/24/2016 email from L Cantrell. (Attachments: # 1 3/24/2016 email from L Cantrell)(KEK) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

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
49

NOTICE OF FILING OF NON−PARTY SUBMISSION − 3/23/2016 email & attachments from P Campbell. (Attachments: # 1 3/23/2016 email from P Campbell, # 2 Exhibit A, # 3 Exhibit B)(KEK) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

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
50

NOTICE OF FILING OF NON−PARTY SUBMISSIONS − 12/1/2015, 12/7/2015, and 1/25/2016 emails/letters from S Hertz. (Attachments: # 1 12/1/2015 email from S Hertz, # 2 12/7/2015 letter from S Hertz, # 3 1/25/2016 letter from S Hertz)(KEK) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

51

NOTICE OF FILING OF NON−PARTY SUBMISSIONS − 2/19/2016 letter from S Culver. (Attachments: # 1 2/19/2016 letter from S Culver)(KEK) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

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
52

NOTICE OF FILING OF NON−PARTY SUBMISSIONS − 2/23/2016 email & attachment from T & N Cowsert. (Attachments: # 1 2/23/2016 email & attachment from T & N Cowsert)(KEK) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

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

Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Hearing held on 4/7/2016. (Court Reporter Julie Martin.) (TLM, ) (Entered: 04/12/2016)

April 7, 2016

April 7, 2016

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

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably 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

Order Duration: 1971 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Issues

General:

Education

Racial segregation

School/University Facilities

School/University policies

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Type of Facility:

Government-run