Case: Swann v. Charlotte-Mecklenburg County Board of Education

3:65-cv-01974 | U.S. District Court for the Western District of North Carolina

Filed Date: Jan. 19, 1965

Closed Date: April 15, 2002

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Case Summary

This summary seeks to describe how the Swann litigation influenced the desegregation of Charlotte-Mecklenburg Schools (CMS). For a more thorough analysis of this litigation and policy challenge through the present day, see Yesterday, Today, and Tomorrow: School Desegregation and Resegregation in Charlotte (Roslyn Arlin Mickelson, et al. eds. 2015). For a complete discussion of the Supreme Court’s decision in Swann, see Bernard Schwartz, Swann's Way: The School Busing Case and the Supreme Court …

On January 1, 1965, several Black schoolchildren filed a lawsuit in the U.S. District Court for the Western District of North Carolina against the Charlotte-Mecklenburg Board of Education, under the Civil Rights Act of 1964. The plaintiffs, represented by the NAACP Legal Defense Fund, asked the court for an injunction barring schools from allocating educational opportunities based on race. Specifically, the plaintiff claimed that the assignment of Black children into Black schools was the result of school board policies.

In March 1965, the CMS Board of Education (the Board) proposed a plan to comply with the Supreme Court’s requirements of Brown. On April 11, the Board approved a plan that would primarily eliminate race as a factor in the employment and assignment of all staff. Plaintiffs in this case argued the plan failed to meet the requirements of Brown by allowing school zones to be gerrymandered to prevent the mixing of races in schools, exempting 10 schools without a legitimate reason, and taking effect in the distant future rather than immediately.

At trial in the Western District of North Carolina, parties focused on the gerrymandering issue. Out of 75,000 students in the district, of which 23,000 were black and 52,000 were white, roughly 2,000 black students would be assigned to students largely populated by white students. In 99 out of 109 schools in the district, children were assigned according to their place of residence in a geographical zone, and all children were allowed to transfer to another zone for any reason.

Judge Craven found that it was reasonable to provide a maximum delay for excepted schools given the complexity of the zoning problem and that there was no evidence the gerrymandering was done for the purpose of preventing mixtures of Black and white students. He therefore approved the Board’s proposed plan, although required that it be done “immediately” rather than “ultimately.” Swann v. Charlotte-Mecklenburg Bd. of Ed., 243 F. Supp. 667 (W.D.N.C. 1965).

Plaintiffs appealed to the Fourth Circuit. The court rejected plaintiffs’ argument that zone lines should be drawn with the purpose of eliminating as many single-race schools as possible, concluding there is no constitutional requirement that school boards achieve the maximum mixture of races. In drawing school zone boundaries, the court declared that a Board may consider natural geographic boundaries, accessibility of particular schools, and other factors not related to race. Swann v. Charlotte-Mecklenburg Bd. of Ed., 369 F.2d 29 (4th Cir. 1966).

Plaintiffs then filed a motion for further relief in the district court. Judge McMillan ruled that CMS’s desegregation was not proceeding in accordance with constitutional requirements. Resisting the Fourth Circuit’s opinion, the court declared that the “system of assigning pupils by ‘neighborhood,’ with ‘freedom of choice’ for both pupils and faculty, superimposed on an urban population pattern where Black residents have become concentrated almost entirely in one quadrant of a city of 270,000, is racially discriminatory.” The Board was required to submit a new plan by May 15, 1969 that would effectuate faculty desegregation by Fall 1969 and that would be “predominantly effective” in desegregating student bodies by the same time, to be completed by Fall 1970. Swann v. Charlotte-Mecklenburg Bd. of Ed., 300 F. Supp. 1358 (W.D.N.C. 1969).

After some delay, the Board submitted a new proposal, but the district court determined the plan was insufficient in achieving the desegregation of both student and faculty assignment, as well as in the school site selection and construction plans. The new plan, according to Judge McMillan, merely provided transportation for those seeking majority-to-minority transfers, and while that provision was approved, the remainder of the pupil assignment plan was rejected. The court specifically rejected a policy that would make athletes ineligible for participation until the next school year, finding that rule racially discriminatory. A new plan was to be submitted by September 4, 1969. Swann v. Charlotte-Mecklenburg Bd. of Ed., 300 F. Supp. 1381 (W.D.N.C. 1969).

After a revised plan was submitted to the court, it was approved for the 1969-1970 year only. It called for the closing of seven all-black schools and the assignment of their 3000 students to predominantly white schools scattered throughout the city. The plan would keep open one inner-city predominantly black school for students who did not with to be bused to predominantly white schools on the outskirts of the city. By the 1970-71 term, the plan intended for all schools in the system to have approximately the same proportion of white and black teachers, and included “compensatory education” programs for students. On the issue of student body desegregation, court warned against attempts to create a magnet school to attract black children away from desegregated assignments. The Board was forbidden from providing bus transportation to the allowed inner city school and from planning programs for black students there that were not offered to black students at integrated schools.

On December 2, 1969, the court appointed Dr. John Finger of Rhode Island to advise the court on how it could be desegregated. Both Finger and the Board proposed plans to the court on February 2 and 5, 1970. The Board plan left some schools segregated, while the Finger plan desegregated all schools. The court felt, given the Supreme Court’s recent decisions relating to Atlanta, Miami, and Chicago public schools, that a delay until September could not be justified. On February 5, Judge McMillan thus ordered significant steps in the integration of all CMS schools by May of that school year. Swann v. Charlotte-Mecklenburg Bd. of Ed., 311 F. Supp. 265 (W.D.N.C. 1970).

But on March 5, 1970, the Fourth Circuit issued a stay. In a May 26 decision on the merits, the court upheld the aspects of the order related to faculty, but vacated the decision on the grounds that the zoning plan for elementary schools and transportation for junior and senior high schools imposed undue burdens on those students. In reaching its decision the court insisted that reasonableness, not “absolutes,” were to guide desegregation efforts. And while the court was concerned with the burden posed by the busing plan, it asserted that their opinion “should not be interpreted to prohibit all busing.” Swann v. Charlotte-Mecklenburg Bd. of Ed., 431 F.2d 138 (4th Cir. 1970).

On June 29, 1970, the Supreme Court granted a writ of certiorari as long as the case was remanded to the district court for further proceedings and that the district court's previous judgment was reinstated pending those judgments. 399 U.S. 926 (1970). On remand, Judge McMillan held hearings during July 1970 and issued a new order on August 3. In reviewing the Board’s proposed plan, the court found the Board had not obeyed the Court of Appeals’ order to use “all reasonable means” to desegregate elementary schools, and that only the February 5 plan would suffice. Swann v. Charlotte-Mecklenburg Bd. of Ed., 318 F. Supp. 786 (W.D.N.C. 1970).

The Board next requested that the Fourth Circuit stay the district court's order, pending a decision of the Supreme Court. But on August 17, Judge Haynsworth declined to issue a stay, finding the Supreme Court had not authorized Courts of Appeals to review subsequent orders of the District Courts.

On April 20, 1971, a unanimous United States Supreme Court upheld the desegregation plan as ordered by the district court. All parties agreed that the school system failed to achieve the "unitary" school system required by the Equal Protection Clause. The district court stated that efforts should be made to reach a 71 percent White to 29 percent Black ratio in the schools, which reflected the system's student population. The final board plan left 10 schools 86 percent to 100 percent Black and yet categorically rejected the techniques of pairing and clustering. The Court held that where the proposed plan contemplated the continued existence of some schools that are all or predominately of one race, such schools should be scrutinized, and the school authorities had the burden of showing that such racial composition was not the result of present or past discriminatory practices. The plan adopted by the district court used zoning, pairing, and grouping techniques in the elementary schools so that schools throughout the system would be from nine percent to 38 percent Black. The Court upheld the district court's flexible use of mathematical ratios as a starting point rather than as an inflexible requirement. The district court's plan was reasonable, feasible, and workable, even though it required busing.

In addition to laying out a number of broad principles for ascertaining whether a school system has reached unitary status, the Court noted that the "scope of permissible transportation of students as an implement of a remedial decree...cannot be defined with precision." In the case of CMS, it found that the district court's plan for transporting elementary school students to be reasonable, but left open the possibility that a transportation scheme could be invalidated if it posed a risk to health of children or the functioning of the educational process. Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971). On June 7, the Supreme Court denied the Board's petition for a rehearing.

In the aftermath of the Supreme Court's decision, the Board submitted a new plan on June 17, 1971. It presented a revised feeder-school system for the 1971-72 term, but the Board withdrew it after Judge McMillan found several inadequacies. On June 29, 1971, the court suggested the Board either adjust their plan to result in more integration or continue using the Finger Plan. The student body ratio in each school was to be near 70 percent white and 30 percent black, with no school being predominantly black. Ultimately, the court decided to abandon the approved Finger plan and submit a modified feeder plan. Swann v. Charlotte-Mecklenburg Bd. of Ed., 328 F. Supp. 1346 (W.D.N.C. 1971).

On October 21, 1971, the original plaintiffs filed a motion for further relief, alleging the Board was not following through with its feeder plan. Judge McMillan denied the motion, but given that the Board was showing a willingness to allow re-segregation through its transfer policies, the case was kept open to ensure enforcement of the feeder plan as proposed. Swann v. Charlotte-Mecklenburg Bd. of Ed., 328 F. Supp. 1346 (W.D.N.C. 1971).

On June 19, 1973, Judge McMillan ordered the Board to refrain from using its feeder plan, which Judge McMillan considered to be likely to result in resegregation. For the 1973-74 school year, the court allowed for the existing plan to move forward, with several exceptions related to specific schools. The Board was ordered to submit a new plan by March 1, 1974. Swann v. Charlotte-Mecklenburg Bd. of Ed., 362 F. Supp. 1223 (W.D.N.C. 1973).

On July 11, 1975, Judge McMillan ordered the Swann case closed and removed from the docket. He noted that the student assignment plan was satisfactory and praised the cooperation of a new Board, but added that CMS was required to comply with existing court orders and other legal requirements barring racial discrimination.

The issue of school desegregation in Charlotte-Mecklenburg was revived in the 1998 case Capacchione v. Charlotte-Mecklenburg Bd. of Ed.. The plaintiff there was the parent of a student who was denied admission to a magnet school because the CMS school board stated it was complying with race assignment requirements stemming from the desegregation order. On March 6, 1998, the district court granted the Swann plaintiffs' motions to (1) restore the case to the active docket and (2) consolidate Swann with Capacchione. The court simultaneously denied the defendants' motion to dismiss. 179 F.R.D. 177 (1998).

On September 9, 1999, the district court ruled that the school district had achieved unitary status with respect to the desegregation order. Thus, the court ruled it would dissolve the order. Further, the court found, with respect to Capacchione's particular claim that CMS instituted an unconstitutional admissions policy for its magnet schools, that the school district's inflexible ratio of Black to non-Black admitted students was an improperly tailored solution, like that in Regents of the Univ. of Cal. v. Bakke (438 U.S. 265 (1978)). 57 F. Supp. 228 (1999).

Both the plaintiffs and the Board appealed. On October 14, 1999, the Board filed a motion to stay and for additional relief. In its motion, the Board sought a limited stay, pursuant to Rule 62 of the Federal Rules of Civil Procedure, "of the effective date of the injunction in th[e] case until the beginning of the 2001-02 academic year." 190 F.R.D. 170. The plaintiffs also sought a full stay pending appeal. Both motions for stay were denied.

The Fourth Circuit, on November 30, 2000, affirmed in part, reversed in part, vacated in part, and remanded. Specifically, the appellate court found that unitary status had not been achieved with respect to student assignment, facilities, transportation, or student achievement. However, the court did find unitary status regarding faculty and extracurricular activities. Further, the court found that the lower court's finding of the school district's magnet school admissions policy as unconstitutional was incorrect because it was done in accordance with the existing injunctive desegregation order. 233 F.3d 232.

Following this decision, the Fourth Circuit granted a rehearing en banc. On January 17, 2001, the appellate court vacated its opinion. Thus, on September 21, 2001, the Fourth Circuit, after rehearing the case en banc, issued a per curiam opinion. The appellate court found that the school district did achieve unitary status, thus affirming the district court's decision to dissolve the injunctive desegregation order. The Fourth Circuit further affirmed the district court's finding that the school district's magnet school admissions policy was not narrowly tailored due to its rigid quotas. 269 F.3d 305 (2001). The decision was appealed to the Supreme Court, but on April 15, 2002, the Supreme Court denied certiorari.

This case is now closed.

Available Opinions

Swann v. Charlotte-Mecklenburg Bd. of Ed., 243 F. Supp. 667 (W.D.N.C. 1965).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 369 F.2d 29 (4th Cir. 1966).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 300 F. Supp. 1358 (W.D.N.C. 1969).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 300 F. Supp. 1381 (W.D.N.C. 1969).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 311 F. Supp. 265 (W.D.N.C. 1970).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 431 F.2d 138 (4th Cir. 1970).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 318 F. Supp. 786 (W.D.N.C. 1970).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 328 F. Supp. 1346 (W.D.N.C. 1971).

Swann v. Charlotte-Mecklenburg Bd. of Ed., 362 F. Supp. 1223 (W.D.N.C. 1973).

Summary Authors

Jeanette Pitts (3/25/2013)

Bryce Freeman (3/23/2018)

Jonah Hudson-Erdman (4/14/2021)

Matthew Feng (9/6/2021)

Milliken v. Bradley, Eastern District of Michigan (1970)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10552442/parties/swann-v-char-meck-brd-of-ed/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Audette, Rose Marie (North Carolina)

Borkowski, John W. (District of Columbia)

Expert/Monitor/Master/Other

Adams, K. Lee (Georgia)

Ashcraft, Thomas J. (North Carolina)

Audette, Rose Marie L. (District of Columbia)

Judge(s)

Bryan, Albert Vickers Jr. (Virginia)

Burger, Warren Earl (District of Columbia)

Butzner, John Decker Jr. (Virginia)

Craven, James Braxton Jr. (Virginia)

Field, John A. Jr. (West Virginia)

Haynsworth, Clement Furman Jr. (South Carolina)

King, Robert Bruce (South Carolina)

Luttig, J. Michael (Virginia)

McMillan, James Bryan (North Carolina)

Michael, M. Blane (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Niemeyer, Paul Victor (Maryland)

Phillips, James Dickson Jr. (North Carolina)

Potter, Robert Daniel (North Carolina)

Russell, Donald Stuart (South Carolina)

Traxler, William Byrd Jr. (South Carolina)

Widener, Hiram Emory Jr. (Virginia)

Wilkins, William Walter (South Carolina)

Wilkinson, J. Harvie III (District of Columbia)

Williams, Karen J. (South Carolina)

Winter, Harrison Lee (Maryland)

Attorney for Plaintiff

Browne, Gloria J. (New York)

Chachkin, Norman J. (New York)

Chambers, Julius LeVonne (New York)

Earls, Anita S. (North Carolina)

Ferguson, James E. (North Carolina)

Greenberg, Jack (New York)

Jones, Elaine R. (New York)

Largess, S. Luke (North Carolina)

Nabrit, James M. III (New York)

Parks, A. Lee (North Carolina)

Pearson, C. O. (North Carolina)

Stein, Adam (North Carolina)

Attorney for Defendant

Audette, Rose Marie (North Carolina)

Borkowski, John W. (District of Columbia)

Brenner, Irving M. (District of Columbia)

Lanigan, Kevin J. (District of Columbia)

Middlebrooks, James G. (North Carolina)

Newmann, David B. (District of Columbia)

Sneed, Maree F. (District of Columbia)

Snyder, Allen R. (District of Columbia)

Winner, Leslie J. (North Carolina)

Other

Adams, K. Lee (Georgia)

Ashcraft, Thomas J. (North Carolina)

Audette, Rose Marie L. (District of Columbia)

Gregory, David D. (District of Columbia)

Griswold, Erwin N. (District of Columbia)

Helfand, William Scott (Texas)

Landsberg, Brian K. (District of Columbia)

Leonard, Jerris (District of Columbia)

Meyers, Lee (North Carolina)

Norman, David L. (District of Columbia)

Parks, Allan Leroy Jr. (Georgia)

Parsons, Kevin V (North Carolina)

Pollard, John O. (North Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:65-cv-01974	Docket [PACER] Swann v. Charlotte-Mecklenburg Board of Educ.	April 22, 2002	April 22, 2002 Docket
3:65-cv-01974	Opinion Swann v. Charlotee-Mecklenburg Board of Education	July 14, 1965	July 14, 1965 Order/Opinion 243 F.Supp. 667
3:65-cv-01974	Opinion Swann v. The Charlotte-Mecklenburg Board of Education U.S. Court of Appeals for the Fourth Circuit	Oct. 24, 1966	Oct. 24, 1966 Order/Opinion 369 F.2d 29
3:65-cv-01974	Opinion and Order Regarding Desegregation of Schools of Charlotte and Mecklenburg Country, North Carolina Swann v. The Charlotte-Mecklenburg Board of Education	April 23, 1969	April 23, 1969 Order/Opinion 300 F.Supp. 1358
3:65-cv-01974	Order Swann v. Charlotte-Mecklenburg Board of Education	June 3, 1969	June 3, 1969 Order/Opinion
3:65-cv-01974 70-00281	Opinion and Order Swann v. Charlotte-Mecklenburg Board of Education	June 20, 1969	June 20, 1969 Order/Opinion
3:65-cv-01974	Order Swann v. Charlotee-Mecklenburg Board of Education	Aug. 15, 1969	Aug. 15, 1969 Order/Opinion
3:65-cv-01974	Order Swann v. Charlotee-Mecklenburg Board of Education	Aug. 29, 1969	Aug. 29, 1969 Order/Opinion
3:65-cv-01974 70-00281	Order Swann v. Charlotee-Mecklenburg Board of Education	Oct. 10, 1969	Oct. 10, 1969 Order/Opinion
3:65-cv-01974	Order Swann v. Charlotee-Mecklenburg Board of Education	Nov. 7, 1969	Nov. 7, 1969 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
My Work in the Civil Rights Division's Education Section, 1968-1987 Joseph Rich	In this memoir, civil rights attorney Joseph Rich reflects on his 50-year career with the U.S. Department of Justice's Civil Rights Division and the Lawyers' Committee for Civil Rights Under Law, wit…	September 2025	Sept. 1, 2025
Swann's Way: The School Busing Case and the Supreme Court Bernard Schwartz	From the publisher: Never has what goes on behind the red velour curtain--the give-and-take between the Supreme Court Justices in an important case--been described in such detail. Swann v. Ch…	April 17, 1986	April 17, 1986 http://www.amazon.com/...
Swann v. Charlotte-Mecklenburg Board of Education	After the Supreme Court's decision in 1954 in Brown v. Board of Education, little progress had been made in desegregating public schools. One example was the Charlotte-Mecklenburg, North Carolina, sy…	April 20, 1971	April 20, 1971 https://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10552442/swann-v-char-meck-brd-of-ed/

Last updated Nov. 7, 2026, 5:16 a.m.

Change selected docket

Docket for: Swann v. CHAR-MECK Brd of Ed

ECF Number	Date	Description	Link
1	Jan. 19, 1965	COMPLAINT (bsw) (Entered: 03/02/1998)	RECAP
	June 22, 1970	Case closed (bsw)
367	Oct. 9, 1997	MOTION by James E. Swann to restore case to active docket, and to Transfer collateral action to this court (bsw) (Entered: 03/02/1998)	RECAP
368	Oct. 9, 1997	MEMORANDUM by James E. Swann in support of [367-1] motion to restore case to active docket by James E. Swann, [367-2] motion to Transfer collateral action to this court by James E. Swann (bsw) (Entered: 03/02/1998)	RECAP
369	Oct. 9, 1997	Addendum/Attachment to [367-1] motion to restore case to active docket by James E. Swann, [367-2] motion to Transfer collateral action to this court by James E. Swann by plaintiff James E. Swann (bsw) (Entered: 03/02/1998)	RECAP
370	Oct. 30, 1997	RESPONSE by CHAR-MECK Brd of Ed to [367-1] motion to restore case to active docket by James E. Swann, [367-2] motion to Transfer collateral action to this court by James E. Swann (bsw) (Entered: 03/02/1998)	RECAP
371	Feb. 18, 1998	ORDER, Motion Hearing set for 1:00 3/5/98 for [367-1] motion to restore case to active docket, set for 1:00 3/5/98 for [367-2] motion to Transfer collateral action to this court ( signed by Judge Robert D. Potter ) (bsw) (Entered: 03/02/1998)	RECAP
372	Feb. 25, 1998	MOTION by James E. Swann for Gloria J. Browne to Appear Pro Hac Vice (bsw) (Entered: 03/02/1998)	RECAP
373	Feb. 27, 1998	ORDER granting [372-1] motion for Gloria J. Browne to Appear Pro Hac Vice ( signed by Judge Robert D. Potter ) (bsw) (Entered: 03/02/1998)	RECAP
	March 5, 1998	Motion hearing held re: [367-1] motion to restore case to active docket by James E. Swann, [367-2] motion to Transfer collateral action to this court by James E. Swann Judge: RDP Court Rptr: S.Huseby (former emp)
374	March 6, 1998	MEMORANDUM OPINION and ORDER granting [367-1] motion to restore case to active docket, and Consolidating Cases 3:97-CV-482 and 3-67-CV-1974 ( signed by Judge Robert D. Potter ) (clc) (Entered: 03/09/1998)	RECAP
	March 6, 1998	Case reopened pursuant to Order dated 3/6/98 (clc)
375	March 11, 1998	NOTICE of Appearance for CHAR-MECK Brd of Ed by Leslie J. Winner (clc) (Entered: 03/12/1998)	RECAP
	March 11, 1998	TRANSCRIPT filed for dates of 3/5/98 (filed w/case 3:97-CV-482) (clc)
376	March 16, 1998	AMENDED COMPLAINT filed in 3:97-CV-482 (clc) (Entered: 03/18/1998)	RECAP
377	March 19, 1998	MOTION by William Capacchione to Intervene by William Capacchione (clc) (Entered: 03/20/1998)	RECAP
378	March 19, 1998	MEMORANDUM by William Capacchione in support of [377-1] motion to Intervene by William Capacchione by William Capacchione (clc) (Entered: 03/20/1998)	RECAP
379	March 23, 1998	MOTION by CHAR-MECK Brd of Ed to disqualify McGuire Woods Battle & Boothe as atty of record referred to: Judge Robert D. Potter (clc) (Entered: 03/24/1998)	RECAP
380	March 26, 1998	MOTION by James E. Swann For leave to attend and participate in hrg referred to: Judge Robert D. Potter (clc) (Entered: 03/27/1998)	RECAP
381	March 26, 1998	MEMORANDUM by James E. Swann in support of [380-1] motion For leave to attend and participate in hrg by James E. Swann (clc) (Entered: 03/27/1998)	RECAP
382	March 27, 1998	ORDER prop disc plan and timetable due by 4/2/98 and granting in part and denying in part Swann's mot/lv to attend and participate in hrg ( signed by Judge Robert D. Potter ) (bsw) (Entered: 03/30/1998)	RECAP
	March 27, 1998	Motion hearing held re: [380-1] motion For leave to attend and participate in hrg by James E. Swann. Motion granted in part and denied in part. Four wits exam'd. Remarks by Attys: Ferguson, Winner, Middlebrooks, and Helfand. Attys instructed to present schedule to the Court. Atty Ferguson allowed to record testimony of Atty Dyke into record. Judge: RDP. Court Rptr: S. Huseby (former emp)
383	March 31, 1998	Memorandum by defendant CHAR-MECK Brd of Ed re: [382-2] relief (Proposed Disc Schedule) (clc) (Entered: 04/02/1998)	RECAP
384	April 1, 1998	MOTION by CHAR-MECK Brd of Ed to Extend Time up to and including 4/15/98 to resp to mot to intervene (clc) (Entered: 04/02/1998)	RECAP
385	April 2, 1998	ORDER granting [384-1] motion to Extend Time up to and including 4/15/98 to resp to mot to intervene, and Response to Motion reset to 4/15/98 for [377-1] motion to Intervene by William Capacchione ( signed by Judge Robert D. Potter ) (clc) (Entered: 04/03/1998)	RECAP
386	April 8, 1998	MOTION by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard (clc) (Entered: 04/09/1998)	RECAP
387	April 8, 1998	MEMORANDUM by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard in support of [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movants (clc) (Entered: 04/09/1998)	RECAP
388	April 8, 1998	MOTION by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard for A. Lee Parks to Appear Pro Hac Vice (clc) (Entered: 04/09/1998)	RECAP
389	April 9, 1998	ANSWER to Complaint by CHAR-MECK Brd of Ed; jury demand (clc) (Entered: 04/10/1998)	RECAP
390	April 9, 1998	ORDER granting [388-1] motion for A. Lee Parks to Appear Pro Hac Vice ( signed by Judge Robert D. Potter ) (clc) (Entered: 04/10/1998)	RECAP
391	April 10, 1998	IPC ORDER AND CASE MANAGEMENT PLAN Discovery deadline is 12/31/98 Motion filing deadline is 1/30/99 Jury Trial set for 9:30 4/1/99 ( signed by Judge Robert D. Potter ) (clc) (Entered: 04/13/1998)	RECAP
	April 10, 1998	Case assigned to the Standard Track pursuant to the Case Mgmt Plan and Pretrial Order. (clc)
392	April 15, 1998	RESPONSE by CHAR-MECK Bd of Ed to [377-1] motion to Intervene by William Capacchione by William Capacchione (clc) (Entered: 08/03/1998)	RECAP
393	April 16, 1998	Addendum to [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movantsssss by movant William Capacchione, movant Michael P. Grant, movant Richard Easterling, movant Lawrence Gauvreau, movant Karen Bentley, movant Charles Thompson, movant Scott C. Willard (clc) (Entered: 04/16/1998)	RECAP
395	April 16, 1998	MOTION by James E. Swann for Anita S. Hodgkiss to Withdraw as Attorney (clc) (Entered: 04/22/1998)	RECAP
394	April 20, 1998	MEMORANDUM OPINION and ORDER denying [379-1] motion to disqualify McGuire Woods Battle & Boothe as atty of record, and that Dyke and his associates involved w/briefing given to the CMBOE be totally insulated from this litigation as outlined in this order ( signed by Judge Robert D. Potter ) (clc) (Entered: 04/20/1998)	RECAP
396	April 21, 1998	ORDER granting [395-1] motion for Anita S. Hodgkiss to Withdraw as Attorney (Terminated attorney Anita S. Hodgkiss for James E. Swann ( signed by Judge Robert D. Potter ) (clc) (Entered: 04/22/1998)	RECAP
397	April 30, 1998	MOTION by James E. Swann to Extend Time to 5/8/98 for Swann Pltfs to resp to mot/intervene (bsw) (Entered: 04/30/1998)	RECAP
398	April 30, 1998	ORDER granting [397-1] motion to Extend Time to 5/8/98 for Swann Pltfs to resp to mot/intervene, Response to Motion reset to 5/5/98 4:30 for [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard ( signed by Judge Robert D. Potter ) (bsw) Modified on 05/13/1998 (Entered: 04/30/1998)	RECAP
399	April 30, 1998	NOTICE of Appearance for James E. Swann by S. Luke Largess (bsw) (Entered: 04/30/1998)	RECAP
400	April 30, 1998	RESPONSE by CHAR-MECK Brd of Ed to [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movantsssss (clc) (Entered: 05/01/1998)	RECAP
401	May 4, 1998	ORDER granting [377-1] motion to Intervene by William Capacchione ( signed by Judge Robert D. Potter ) (bsw) (Entered: 05/04/1998)	RECAP
402	May 5, 1998	MEMORANDUM by James E. Swann in opposition to [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movantsssss (jlk) (Entered: 05/05/1998)	RECAP
403	May 6, 1998	CORRECTED RESPONSE by James E. Swann to [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movantsssss (clc) (Entered: 05/06/1998)	RECAP
404	May 11, 1998	MOTION by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard to Extend Time to file consol reply (bsw) (Entered: 05/11/1998)	RECAP
405	May 12, 1998	ORDER granting [404-1] motion to Extend Time to file consol reply ( signed by Judge Robert D. Potter ) (clc) (Entered: 05/12/1998)	RECAP
406	May 18, 1998	MEMORANDUM by William Capacchione in support of [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movants (clc) (Entered: 05/19/1998)	RECAP
407	May 19, 1998	REPLY by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard to response to [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard by movants (clc) (Entered: 05/19/1998)	RECAP
408	May 19, 1998	MOTION by CHAR-MECK Brd of Ed for Allen Snyder, Maree Sneed, John W. Borkowski to Appear Pro Hac Vice (clc) (Entered: 05/20/1998)	RECAP
410	May 20, 1998	MEMORANDUM OPINION and ORDER granting [386-1] motion to Intervene by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard ( signed by Judge Robert D. Potter ) (clc) (Entered: 06/04/1998)	RECAP
409	May 27, 1998	ORDER granting [408-1] motion for Allen Snyder, Maree Sneed, John W. Borkowski to Appear Pro Hac Vice ( signed by Judge Robert D. Potter ) (clc) (Entered: 05/28/1998)	RECAP
411	June 16, 1998	MOTION by CHAR-MECK Bd of Ed to Amend [391-1] order, and for Protective Order (clc) (Entered: 06/17/1998)	RECAP
412	June 17, 1998	ORDER, Response to Motion reset to 6/22/98 for [411-1] motion to Amend [391-1] order denying [411-2] motion for Protective Order ( signed by Judge Robert D. Potter ) (clc) (Entered: 06/19/1998)	RECAP
413	June 22, 1998	RESPONSE by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard to [411-1] motion to Amend [391-1] order by CHAR-MECK Bd of Ed (clc) (Entered: 06/22/1998)	RECAP
414	June 22, 1998	RESPONSE by James E. Swann to [411-1] motion to Amend [391-1] order by CHAR-MECK Bd of Ed (clc) (Entered: 06/22/1998)	RECAP
415	June 23, 1998	ORDER denying [411-1] motion to Amend [391-1] order ( signed by Judge Robert D. Potter ) (clc) (Entered: 06/25/1998)	RECAP
417	June 30, 1998	ANSWER to Complaint by Arthur . Griffin, Eric Smith, CHAR-MECK Bd of Ed (clc) (Entered: 07/06/1998)	RECAP
416	July 1, 1998	Intervenor's COMPLAINT by Michael P. Grant et al against CHAR-MECK Bd of Ed, Arthur . Griffin, Eric Smith (clc) (Entered: 07/06/1998)	RECAP
418	July 27, 1998	MOTION by James E. Swann for Joinder/to add additional pltfs to the list of "Swann Pltfs" (clc) (Entered: 07/30/1998)	RECAP
419	Aug. 17, 1998	MOTION by William Capacchione to Compel resp to interrogs, for Discovery/ lv to serve addl interrogs (bsw) (Entered: 08/18/1998)	RECAP
420	Aug. 17, 1998	MEMORANDUM by William Capacchione in support of [419-1] motion to Compel resp to interrogs by William Capacchione, [419-2] motion for Discovery/ lv to serve addl interrogs by William Capacchione (bsw) (Entered: 08/18/1998)	RECAP
421	Aug. 18, 1998	ORDER, Response to Motion reset to 12:00 8/24/98 for [419-1] motion to Compel resp to interrogs, reset to 12:00 8/24/98 for [419-2] motion for Discovery/ lv to serve addl interrogs ( signed by Magistrate Judge Carl Horn III ) (bsw) (Entered: 08/19/1998)	RECAP
422	Aug. 21, 1998	MOTION by CHAR-MECK Bd of Ed to Extend Time to 8/27/98 to resp to mot/compel (bsw) (Entered: 08/21/1998)	RECAP
423	Aug. 24, 1998	ORDER granting [422-1] motion to Extend Time to 8/27/98 to resp to mot/compel, Response to Motion reset to 8/27/98 for [419-1] motion to Compel resp to interrogs, reset to 8/27/98 for [419-2] motion for Discovery/ lv to serve addl interrogs ( signed by Magistrate Judge Carl Horn III ) (bsw) (Entered: 08/25/1998)	RECAP
424	Aug. 27, 1998	RESPONSE by CHAR-MECK Bd of Ed to [419-1] motion to Compel resp to interrogs by William Capacchione (clc) (Entered: 08/27/1998)	RECAP
425	Aug. 31, 1998	RESPONSE by James E. Swann to [419-1] motion to Compel resp to interrogs by William Capacchione, [419-2] motion for Discovery/ lv to serve addl interrogs by William Capacchione (clc) (Entered: 09/01/1998)	RECAP
426	Sept. 4, 1998	REPLY by James E. Swann to response to [419-1] motion to Compel resp to interrogs by William Capacchione (clc) (Entered: 09/08/1998)	RECAP
427	Sept. 16, 1998	ORDER granting [418-1] motion for Joinder/to add additional pltfs to the list of "Swann Pltfs"; The following persons shall be added to the case as "Swann Pltfs": Terry Belk for minor children Raquel Smith, Kelly Smith, Mario Smith & Kimberly Smith; Dwayne Collins for minor children Salim Collins & Omari Collins; Walter Gregory for minor child Bartholomew Gregory ( signed by Judge Robert D. Potter ) (clc) (Entered: 09/17/1998)	RECAP
428	Sept. 16, 1998	MEMORANDUM OPINION and ORDER granting in part, denying in part [419-1] motion to Compel resp to interrogs, denying [419-2] motion for Discovery/ lv to serve addl interrogs; Capacchione's request for sanctions is denied; Swann's request for ext of disc ddl is denied ( signed by Judge Robert D. Potter ) (clc) (Entered: 09/17/1998)	RECAP
429	Sept. 18, 1998	MOTION by William Capacchione, Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard to Extend Time for disc ddls up to and including 1/15/99 (clc) (Entered: 09/18/1998)	RECAP
430	Sept. 21, 1998	ORDER granting [429-1] motion to Extend Time for disc ddls up to and including 1/15/99, reset Discovery deadline to 1/15/99, and reset Motion Filing deadline to 2/15/99 ( signed by Judge Robert D. Potter ) (clc) (Entered: 09/22/1998)	RECAP
431	Sept. 28, 1998	MOTION by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard for K. Lee Adams to Appear Pro Hac Vice (clc) (Entered: 09/28/1998)	RECAP
432	Sept. 30, 1998	ORDER granting [431-1] motion for K. Lee Adams to Appear Pro Hac Vice, and for attorney admission fee in amt of $75.00 ( signed by Judge Robert D. Potter ) (clc) (Entered: 10/02/1998)	RECAP
433	Oct. 5, 1998	MOTION by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard for Leave to File (2) Supplemental Interrogatories (clc) (Entered: 10/06/1998)	RECAP
	Oct. 5, 1998	Attorney Admission (PHV) Filing Fee Paid for K. Lee Adams; FILING FEE $ 75.00 RECEIPT # 84290 (clc)
434	Oct. 7, 1998	ORDER, directing CMBOE to fully respond to Capacchione's Interrogatories 1,2 and 4 by 10/14/98 at 4:00pm ( signed by Judge Robert D. Potter ) (clc) (Entered: 10/07/1998)	RECAP
435	Oct. 19, 1998	MOTION by CHAR-MECK Bd of Ed, Arthur Griffin, Eric Smith to Compel resp from pltf to doc request and interrogatories (clc) (Entered: 10/19/1998)	RECAP
436	Oct. 19, 1998	MEMORANDUM by CHAR-MECK Bd of Ed, Arthur Griffin, Eric Smith in support of [435-1] motion to Compel resp from pltf to doc request and interrogatories by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed (clc) (Entered: 10/19/1998)	RECAP
437	Oct. 26, 1998	RESPONSE by CHAR-MECK Bd of Ed to [433-1] motion for Leave to File (2) Supplemental Interrogatories by intervenor-plaint (clc) (Entered: 10/27/1998)	RECAP
438	Oct. 29, 1998	MOTION by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Bentley, Charles Thompson, Scott C. Willard to Compel, and for Sanctions (clc) (Entered: 10/30/1998)	RECAP
439	Nov. 2, 1998	Designation of Expert Witnesses by James E. Swann (clc) (Entered: 11/03/1998)	RECAP
440	Nov. 9, 1998	RESPONSE by William Capacchione to [438-1] motion to Compel by intervenor-plaint, [435-1] motion to Compel resp from pltf to doc request and interrogatories by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed (clc) (Entered: 11/09/1998)	RECAP
441	Nov. 9, 1998	MEMORANDUM by William Capacchione in support of [440-1] motion to Strike [438-1] motion to Compel by intervenor-plaint, [435-1] motion to Compel resp from pltf to doc request and interrogatories by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed by William Capacchione (clc) (Entered: 11/09/1998)	RECAP
442	Nov. 9, 1998	ORDER, set Status Conference for 9:30 11/20/98 ( signed by Judge Robert D. Potter ) (clc) (Entered: 11/10/1998)	RECAP
443	Nov. 9, 1998	ORDER granting [433-1] motion for Leave to File (2) Supplemental Interrogatories ( signed by Judge Robert D. Potter ) (clc) (Entered: 11/10/1998)	RECAP
444	Nov. 10, 1998	MOTION by James E. Swann to Amend [391-1] order (clc) (Entered: 11/12/1998)	RECAP
445	Nov. 10, 1998	RESPONSE by CHAR-MECK Bd of Ed, Arthur Griffin, Eric Smith to [438-1] motion to Compel by intervenor-plaint, [438-2] motion for Sanctions by intervenor-plaint (clc) (Entered: 11/12/1998)	RECAP
446	Nov. 12, 1998	MOTION by CHAR-MECK Bd of Ed, Arthur Griffin, Eric Smith for Summary Judgment (clc) (Entered: 11/13/1998)	RECAP
447	Nov. 12, 1998	MEMORANDUM by CHAR-MECK Bd of Ed, Arthur Griffin, Eric Smith in support of [446-1] motion for Summary Judgment by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed (clc) (Entered: 11/13/1998)	RECAP
448	Nov. 18, 1998	MOTION by William Capacchione, Michael P. Grant to Reinstate Reporting Requirement (clc) (Entered: 11/18/1998)	RECAP
449	Nov. 18, 1998	MEMORANDUM by William Capacchione, Michael P. Grant in support of [448-1] motion to Reinstate Reporting Requirement by Michael P. Grant, William Capacchione (clc) (Entered: 11/18/1998)	RECAP
450	Nov. 18, 1998	RESPONSE by CHAR-MECK Bd of Ed, Eric Smith, CHAR-MECK Bd of Ed to [440-1] motion to Strike [438-1] motion to Compel by intervenor-plaint, [435-1] motion to Compel resp from pltf to doc request and interrogatories by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed by William Capacchione (clc) (Entered: 11/19/1998)	RECAP
451	Nov. 18, 1998	REPLY by Michael P. Grant, Richard Easterling, Lawrence Gauvreau, Karen Charles Thompson, Scott C. Willard to response to [438-1] motion to Compel by intervenor-plaint, [438-2] motion for Sanctions by intervenor-plaint (clc) Modified on 04/12/1999 (Entered: 11/19/1998)	RECAP
452	Nov. 19, 1998	Objection/Response by defendant CHAR-MECK Bd of Ed, intervenor-defendant Eric Smith, intervenor-defendant CHAR-MECK Bd of Ed re: [448-1] motion to Reinstate Reporting Requirement by Michael P. Grant, William Capacchione (clc) (Entered: 11/19/1998)	RECAP
453	Nov. 19, 1998	Addendum to [447-1] support memorandum by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed by defendant CHAR-MECK Bd of Ed, intervenor-defendant Eric Smith, intervenor-defendant CHAR-MECK Bd of Ed (clc) (Entered: 11/19/1998)	RECAP
454	Nov. 20, 1998	MOTION by CHAR-MECK Bd of Ed for David B. Newman to Appear Pro Hac Vice (clc) (Entered: 11/23/1998)	RECAP
455	Nov. 20, 1998	ORDER granting [454-1] motion for David B. Newman to Appear Pro Hac Vice ( signed by Judge Robert D. Potter ) (clc) (Entered: 11/23/1998)	RECAP
	Nov. 20, 1998	Minute entry: Case called for hrg re: Defts' Motion to Compel, Intervenors' Motions to Compel, Sanctions and to Strike Affidavit of Davie J. Armor. Atty newman admitted to practice. Modification of deadlines discussed. the following Attys of record were present: Parsons, Helfand, Meyers, Ashcraft, Parks, Ferguson, Largess, Middlebrooks, Brenner and Newman. Judge: RDP Court Rptr: S. Huseby (former emp)
	Nov. 20, 1998	Motion hearing held re: [454-1] motion for David B. Newman to Appear Pro Hac Vice by CHAR-MECK Bd of Ed, [440-1] motion to Strike [438-1] motion to Compel by intervenor-plaint, [435-1] motion to Compel resp from pltf to doc request and interrogatories by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed by William Capacchione, [438-1] motion to Compel by intervenor-plaint, [438-2] motion for Sanctions by intervenor-plaint Judge: RDP Court Rptr: S. Huseby (former emp)
456	Nov. 23, 1998	ORDER granting [444-1] motion to Amend [391-1] order, denying [440-1] motion to Strike [438-1] motion to Compel by intervenor-plaint, [435-1] motion to Compel resp from pltf to doc request and interrogatories by Eric Smith, Arthur Griffin, CHAR-MECK Bd of Ed, granting [438-1] motion to Compel, denying [438-2] motion for Sanctions, denying [435-1] motion to Compel resp from pltf to doc request and interrogatories ( signed by Judge Robert D. Potter ) (clc) (Entered: 11/23/1998)	RECAP

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Case Details

State / Territory:

North Carolina

Case Type(s):

School Desegregation

Key Dates

Filing Date: Jan. 19, 1965

Closing Date: April 15, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents on behalf of their minor schoolchildren

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School District

Charlotte-Mecklenburg County Board of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Other Dockets:

Western District of North Carolina 3:65-cv-01974

Western District of North Carolina 3:97-cv-00482

U.S. Court of Appeals for the Fourth Circuit 99-02389

U.S. Court of Appeals for the Fourth Circuit 71-01811

U.S. Court of Appeals for the Fourth Circuit 73-02048

U.S. Court of Appeals for the Fourth Circuit 79-01586

U.S. Court of Appeals for the Fourth Circuit 74-01201

Supreme Court of the United States 498

Supreme Court of the United States 444

U.S. Court of Appeals for the Fourth Circuit 75-02128

Supreme Court of the United States 75-1819

U.S. Court of Appeals for the Fourth Circuit 70-14517

U.S. Court of Appeals for the Fourth Circuit 70-14518

Supreme Court of the United States 281

Supreme Court of the United States 349

Supreme Court of the United States 70-436

Supreme Court of the United States 1713

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Busing

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Monitoring

Monitor/Master

Other requirements regarding hiring, promotion, retention

Reporting

Student assignment

Order Duration: 1970 - 2001

Issues

General/Misc.:

Education

Racial segregation

School/University Facilities

School/University policies

Staff (number, training, qualifications, wages)

Transportation

Wait lists

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation

Case Summary of Swann v. Charlotte-Mecklenburg County Board of Education, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11114/ (last updated 9/6/2021).

Case: Swann v. Charlotte-Mecklenburg County Board of Education

3:65-cv-01974 | U.S. District Court for the Western District of North Carolina

Case Summary

Related Cases

People

Documents in the Clearinghouse

Resources

Docket

Docket for: Swann v. CHAR-MECK Brd of Ed

Case Details