Case: United States v. Fordice

4:75-cv-00009 | U.S. District Court for the Northern District of Mississippi

Filed Date: Jan. 28, 1975

Closed Date: 2004

Clearinghouse coding complete

Case Summary

This is a school desegregation case originating in Mississippi and concerning the desegregation process of the Mississippi public university system. This summary is based on information from historical sources and judicial opinions. After the integration mandate of Brown v. Board of Education, Mississippi maintained its dual education system in its public universities. The pre-trial history of the case is summarized in Ayers v. Allain, 674 F.Supp. 1523 (N.D.Miss.1987). In 1969 the Department of…

This is a school desegregation case originating in Mississippi and concerning the desegregation process of the Mississippi public university system. This summary is based on information from historical sources and judicial opinions. After the integration mandate of Brown v. Board of Education, Mississippi maintained its dual education system in its public universities. The pre-trial history of the case is summarized in Ayers v. Allain, 674 F.Supp. 1523 (N.D.Miss.1987).

In 1969 the Department of Health, Education, and Welfare (HEW) required Mississippi to submit integration plans. Although these plans were rejected by HEW, Mississippi implemented them anyway. The plans mostly included giving the universities mission statements instead of classifying each university by race. The five historically white institutions were given more prestigious mission statements, received more funding, and required a higher ACT score for admission in comparison to the three historically black institutions. The historically black institutions had “urban” mission statements and only required an ACT score of 13 (historically white institutions required between 15-17 depending on the university). The mission statements had virtually the same effect as the explicit classifications—in 1986, 99% of white undergraduate students attended a historically white institution, and 71% of black undergraduate students attended a historically black institution. Ayers v. Allain, 893 F.2d 732 (5th Cir. Feb. 06, 1990).

On January 28, 1975, private litigants filed a class action against Governor of Mississippi Kirk Fordice and other state and university officials. The plaintiffs alleged that the defendants maintained a segregated system of higher education in violation of the Fifth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution. They brought their claim under 42 U.S.C. §§ 1981 and 1983 and Title VI of the Civil Rights Act of 1964. The United States intervened in support of the plaintiffs. The plaintiffs sought injunctive relief against the state and conformity to constitutional requirements. In response, the defendants claimed that they had implemented a unitary system and student choice was primarily responsible for the racial identification of the schools.

On September 17, 1975, a three judge district court panel was convened to hear the case. Judge William C. Keady, Chief judge of the Northern District of Mississippi, certified and defined the plaintiff class as:

"All black citizens residing in Mississippi, whether students, former students, parents, employees, or taxpayers, who have been, are, or will be discriminated against on account of race in receiving equal educational opportunity and/or equal employment opportunity in the universities operated by said Board of Trustees."

Judge Keady also ordered the separation of the claims against the senior colleges and universities from the junior colleges. This summary relates only to the senior colleges and universities.

For approximately twelve years the parties attempted to find an acceptable solution to the issues raised. However, the parties were unsuccessful and the case ultimately went to trial, starting on April 27, 1987. On December 10, 1987, Senior Judge Neal B. Biggers held in favor of the defendants, finding that they had implemented race neutral policies in good faith. The District Court’s opinion considered the areas of: admission requirements and recruitment; institutional classification and assignment of missions; duplication of programs; facilities and finance; the land grant institutions; faculty and staff; and governance, and ruled in favor of the defendants on all issues.

The plaintiffs appealed Judge Biggers’ decision to the Fifth Circuit. On February 6, 1990, a three judge panel reversed and remanded the District Court’s decision. Ayers v. Allain, 893 F.2d 732 (5th Cir. Feb. 06, 1990). The 5th Circuit found the defendants had not met their burden of achieving a unitary system and the plaintiffs had successfully established a Title VI claim. That same day, a member of the Fifth Circuit suggested hearing the case en banc and a majority approved. Ayers v. Allain, 898 F.2d 1014 (5th Cir. Apr. 09, 1990).

On September 28, 1990, Circuit Judge Duhé, writing for a majority, affirmed the decision of the District Court. The 5th Circuit held that Mississippi had satisfied its constitutional obligations by discontinuing prior discriminatory practices and adopting and implementing good-faith, race-neutral policies and procedures.” Ayers v. Allain, 914 F.2d 676 (5th Cir. Sep. 28, 1990).

The plaintiffs appealed the decision to the Supreme Court.

On June 26, 1992, the Supreme Court vacated and remanded the decision of the Fifth Circuit. Justice White delivered the opinion for a majority of the Court, holding, “If the State perpetuates policies and practices traceable to its prior system that continue to have segregative effects—whether by influencing student enrollment decisions or by fostering segregation in other facets of the university system—and such policies are without sound educational justification and can be practicably eliminated, the State has not satisfied its burden of proving that it has dismantled its prior system.” Justice White stated it was clear that although the policies were neutral on their face, they contributed to the racial identifiability of the eight institutions and thus had to be justified or eliminated. Justice White focused on four areas as problematic: admission standards, program duplication, mission assignments for each institution, and the operation of all eight universities. U.S. v. Fordice, 505 U.S. 717 (June 26, 1992).

In response to the Supreme Court’s decision, trial commenced in the district court on May 9, 1994.

On March 7, 1995, the District Court held that the defendants had violated the Constitution. The District Court found the admissions criteria, duplication of programs, the mission statements, and the continued operation of eight universities to be traceable to past de jure segregation. The court issued a remedial decree that enjoined the defendants from maintaining de jure segregation in the system of public higher education or from engaging in any practice that would impede the desegregation of the school system. The remedial decree created a Monitoring Committee to oversee the implementation of the decree. Other requirements of the remedial decree included: new uniform admission standards and a summer program, increased funding to the historically black institutions, the addition of more prestigious programs to the historically black institutions, and the completion of a study to increase the diversity of programs. The remedial decree did not have a requirement for program duplication and found that combining institutions in order to decrease the number of open universities was not constitutionally required. For specific details of the remedial decree, see Ayers v. Fordice, 879 F. Supp. 1419 (N.D. Miss. Mar. 07, 1995).

The plaintiffs appealed the District Court’s order, contending the State left in place practices that maintained de jure segregation and had discriminatory effects. On April 23, 1997, the Fifth Circuit, in an opinion by Judge King, mostly affirmed the findings of the District Court. Judge King explained the District Court maintained jurisdiction over the case and should determine if the new admissions strategy achieved its desired objectives and if not, to implement new standards. Ayers v. Fordice, 111 F.3d 1183 (5th Cir. Apr. 23, 1997)

Following remand from the Fifth Circuit, the parties attempted to settle. Between the Fifth Circuit’s remand and February 15, 2002, the defendants slowly implemented the remedial decree and had funding proposals approved. The Fifth Circuit documented the parties activity during this time period in Ayers v. Thompson, 358 F.3d 356 (5th Cir. Jan. 27, 2004). The parties did come to a settlement agreement.

The terms of the agreement are also documented in Ayers, 358 F.3d 356. The settlement agreement allocated various types of funding for programs at the historically black institutions. The agreement also required the acknowledgement of Jackson State University as a comprehensive university. Under the agreement, the attorneys for the Private Plaintiffs received a total of $2.5 million for fees, costs, and expenses. The District Court decided that if the Mississippi legislature approved the settlement and would fund the agreement, the District Court would approve the settlement. See Ayers v. Musgrove, No. 4:75CV009-B-D, 2002 WL 91895 (N.D.Miss. Jan.2, 2002).

On February 15, 2002, the District Court approved a proposed Settlement Agreement and re-affirmed the plaintiff’s class certification. This order dismissed the case with prejudice. Ayers v. Musgrove, No. 4:75CV009-B-D, 2002 WL 32127613, at *2 (N.D.Miss. Feb.15, 2002).

On January 27, 2004, the Fifth Circuit upheld the approval of the settlement agreement. Ayers v. Thompson, 358 F.3d 356 (5th Cir. Jan. 27, 2004).

The case is now closed.

Opinions:

Ayers v. Allain, 674 F. Supp. 1523 (N.D.Miss. Dec. 10, 1987)

Ayers v. Allain, 893 F.2d 732 (5th Cir. Feb. 06, 1990)

Ayers v. Allain, 898 F.2d 1014 (5th Cir. Apr. 09, 1990)

Ayers v. Allain, 914 F.2d 676 (5th Cir. Sep. 28, 1990)

Ayers v. Mabus, 499 U.S. 958 (Apr. 15, 1991)

U.S. v. Mabus, 499 U.S. 958 (Apr. 15 1991)

U.S. v. Fordice, 505 U.S. 717 (June 26, 1992)

Ayers v. Fordice, 970 F.2d 1378 (5th Cir. Aug. 18, 1992)

Ayers v. Fordice, 879 F. Supp. 1419 (N.D.Miss. Mar. 07, 1995)

Ayers v. Fordice, 99 F.3d 1136 (5th Cir. Apr. 23, 1997)

Ayers v. Fordice, 111 F.3d 1183 (5th Cir. Apr. 23, 1997)

Ayers v. Fordice, 522 U.S. 1084 (Jan. 20, 1998)

Ayers v. Fordice, 40 F.Supp.2d 382 (N.D.Miss. Mar. 24, 1999)

Ayers v. Fordice, No. 4:75CV009-B-D, 2000 WL 1015839 (N.D. Miss. July 06, 2000)

Ayers v. Musgrove, 31 Fed. App’x. 160 (5th Cir. Dec. 28, 2001)

Ayers v. Musgrove, 537 U.S. 861 (Oct. 07, 2002)

Ayers v. Musgrove, No. 4:75CV009-B-D, 2002 WL 91895 (N.D. Miss. Jan. 02, 2002)

Ayers v. Musgrove, 37 Fed. App’x. 87 (5th Cir. Apr. 23, 2002)

Ayers v. Thompson, 358 F.3d 356 (5th Cir. Jan. 27, 2004)

Ayers v. Thompson, 543 U.S. 951 (Oct. 18, 2004)

Ayers v. Barbour, No. 475CV9-B-D, 2005 WL 1130284 (N.D.Miss. May 13, 2005)

Summary Authors

Taylor Brook (2/10/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5035600/parties/ayers-v-musgrove/


Judge(s)

Barksdale, Rhesa Hawkins (Mississippi)

Biggers, Neal Brooks Jr. (Mississippi)

Duhe, John Malcolm Jr. (Louisiana)

Goldberg, Irving Loeb (Louisiana)

King, Carolyn Dineen (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Byrd, Isaac K. Jr. (Mississippi)

Chambliss, Alvin O. (Mississippi)

Derfner, Armand Georges (South Carolina)

Freeland, Thomas H. III (Mississippi)

Judge(s)

Barksdale, Rhesa Hawkins (Mississippi)

Biggers, Neal Brooks Jr. (Mississippi)

Duhe, John Malcolm Jr. (Louisiana)

Goldberg, Irving Loeb (Louisiana)

King, Carolyn Dineen (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Byrd, Isaac K. Jr. (Mississippi)

Chambliss, Alvin O. (Mississippi)

Derfner, Armand Georges (South Carolina)

Freeland, Thomas H. III (Mississippi)

Keys, Suzanne Griggins (Mississippi)

Martin, Precious Tyrone (Mississippi)

Pearl, Richard M (California)

Pressman, Robert Peter (Massachusetts)

Turner, Bennie L. (Mississippi)

Walker, John L. Jr. (Mississippi)

Attorneys(s) for Defendant

Bradley, William Ross (Mississippi)

Crosthwait, Frank O. (Mississippi)

Goodman, William F. Jr. (Mississippi)

Moore, Mike (Mississippi)

Noble, Ed Davis Jr. (Mississippi)

Piazza, Ben J. Jr. (Mississippi)

Stephenson, Paul H. (Mississippi)

Other Attorney(s)

Boone, Jerry (Mississippi)

Douglas, Nathaniel (District of Columbia)

Hailman, John R. (Mississippi)

Montgomery, Carl Robert (Mississippi)

Thome, Linda F. (District of Columbia)

White, K. Heshima (District of Columbia)

Younger, Levern M. (District of Columbia)

Documents in the Clearinghouse

Document

4:75-cv-00009

Northern District of Mississippi

Feb. 28, 2007

Feb. 28, 2007

Docket

4:75-cv-00009

Memorandum Opinion

Ayers v. Allain

674 F.Supp. 1523

Dec. 10, 1987

Dec. 10, 1987

Order/Opinion

88-04103

Opinion

Ayers v. Allain

U. S. Court of Appeals for the Fifth Circuit

893 F.2d 732

Feb. 6, 1990

Feb. 6, 1990

Order/Opinion

88-04103

Opinion

Ayers v. Allain

U. S. Court of Appeals for the Fifth Circuit

898 F.2d 1014

April 9, 1990

April 9, 1990

Order/Opinion

88-04103

Opinion

Ayers v. Allain

U. S. Court of Appeals for the Fifth Circuit

914 F.2d 676

Sept. 28, 1990

Sept. 28, 1990

Order/Opinion

90-06588

Opinion

Ayers v. Mabus

Supreme Court of the United States

499 U.S. 958, 111 S.Ct. 1579

April 15, 1991

April 15, 1991

Order/Opinion

90-06588

90-01205

Opinion

Supreme Court of the United States

505 U.S. 717, 112 S.Ct. 2727

June 26, 1992

June 26, 1992

Order/Opinion

88-04103

Opinion

Ayers v. Fordice

U. S. Court of Appeals for the Fifth Circuit

970 F.2d 1378

Aug. 18, 1992

Aug. 18, 1992

Order/Opinion
500

4:75-cv-00009

Memorandum Opinion and Remedial Decree

Ayers v. Fordice

879 F.Supp. 1419

March 7, 1995

March 7, 1995

Order/Opinion

95-60329

Opinion

Ayers v. Fordice

U. S. Court of Appeals for the Fifth Circuit

99 F.3d 1136

Sept. 25, 1996

Sept. 25, 1996

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5035600/ayers-v-musgrove/

Last updated Aug. 9, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILING FEE $ 15.00 RECEIPT # 24143 (sjh) Modified on 09/02/1992 (jtm). (Entered: 08/31/1992)

Jan. 28, 1975

Jan. 28, 1975

PACER
250

OPINION- ORDER on Remand from the Supreme Court of the U.S. (Issued as and for the Mandate. Per Curiam: VACATED AND REMANDED) (Supreme Court #88-4103) (copies to Judge Biggers, Magistrate Judges Orlansky & Davis). (sjh) (Entered: 09/28/1992)

Aug. 19, 1992

Aug. 19, 1992

PACER
251

ORDER Status Conference for 1:30 10/22/92, Oxford, MS Scheduling Conference for 1:30 10/22/92, Oxford, MS . Each party shall submit to Court pursuant to Supreme Court Mandate of 06/26/92, including but not limited to (1) whether the state should continue to maintain eight universities; (2) whether the state should continue its present admissions policy; (3) whether the state should continue duplicative programs at some of its various universities; and (4) funding and staff for the state universities. ( signed by Judge Neal B. Biggers Jr. on 09/24/92) (sjh)

Sept. 25, 1992

Sept. 25, 1992

PACER
252

RESPONSE of USA to court's Sept. 25, l992 order and letter dated Oct. 7, l992. (lw)

Oct. 21, 1992

Oct. 21, 1992

PACER
253

MOTION by Private Plaintiffs on Remand for Clarification and/or Reconsideration of Procedure in Order Setting Status Hearing and Scheduling Conference (sjh) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

PACER
254

CIVIL MINUTES Court held Status Conference and Oral Presentation on Remand Issues. Court to Enter Appropriate Order of Schedule (sjh) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

PACER

Miscellaneous Document

Oct. 22, 1992

Oct. 22, 1992

PACER

RECEIVED Defendant Board of Trustees of State Institutions of Higher Learning's PROPOSED REMEDIES. (sjh)

Oct. 22, 1992

Oct. 22, 1992

PACER
255

ORDER DIRECTING counsel for the United States and private petitioners to submit to the defts by 11/02/92, a list designating what in their view are properly challengeable policies and/or practices of the state's system of higher education of "remnants" of the prior de jure segregated system. After submission by the pltfs to the defts, the parties will confer by 11/12/92, and present to the court by 11/19/92, a stipulation listing specific areas that all parties can agree are properly in issue before this court. If any points remain contested, they should likewise be included and denominated as such and if necessary the court will rule on the relevance of any contested alleged remnants prior to the institution of discovery by the parties ( signed by Judge Neal B. Biggers Jr. on 10/22/92) (sjh) (Entered: 10/26/1992)

Oct. 23, 1992

Oct. 23, 1992

PACER
256

MOTION for Leave to File Brief of Amicus Curiae by the Delta State University Alumni Association (sjh)

Nov. 12, 1992

Nov. 12, 1992

PACER
257

MOTION to Intervene by MUW Foundation, Inc., MUW Alumni Assoc Oral Argument Requested with Affidavits attached (sjh)

Nov. 12, 1992

Nov. 12, 1992

PACER
258

MOTION to Intervene as Amicus Curiae by Martha Marie McElroy, on Behalf of the Student Government Association of Mississippi University for Women and Others (nfs) Modified on 11/19/1992

Nov. 19, 1992

Nov. 19, 1992

PACER
259

PLAINTIFFS' Unified List Of Policies and/or Practices Properly In Issue Before This Court. (tab)

Nov. 19, 1992

Nov. 19, 1992

PACER
260

Board of Trustees' Proposed Stipulations Regarding "Remnants" (nfs)

Nov. 19, 1992

Nov. 19, 1992

PACER
261

SEPARATE STATEMENT of the Private Plaintiffs in Response to the Court's Order of October 23, 1992. (sjh) (Entered: 11/24/1992)

Nov. 23, 1992

Nov. 23, 1992

PACER
262

Private Plaintiffs' POSITION Concerning the Request of the DSU Alumni Assoc to Participate as Amicas Curiae. (sjh)

Nov. 30, 1992

Nov. 30, 1992

PACER
263

Amicus Curiae BRIEF of MS State Alumni Assoc. (For the Purpose of Aiding the court in its Consideration of the Proposal by the Bd of Institutions of Higher Learning to Close the School of Veterinary Medicine; and with Regard to the School of Public Administration. (sjh)

Nov. 30, 1992

Nov. 30, 1992

PACER
264

ORDER Granting Request of Proposed Intervenors, MUW Alumni Association & MUW Foundation, Inc., to respond to the briefs of the private plaintiffs and the defendant w/one brief to be filed not later thatn 12/18/92.( signed by Judge Neal B. Biggers Jr. on 12/3/92) (lfm) (Entered: 12/08/1992)

Dec. 7, 1992

Dec. 7, 1992

PACER
265

RESPONSE by Jake Ayers Sr. (Private Plaintiffs') to [260-1] the "Board of Trustees Proposed Stipulation Regarding Remnants." (sjh)

Dec. 10, 1992

Dec. 10, 1992

PACER
266

RESPONSE of Defendant Board of Trustees of State Institutions of Higher Learning to [256-1] motion for Leave to File Brief of Amicus Curiae by the Delta State University Alumni Association, Marie McElroy, President of the MUW Student Government Association, et al, and MSU Alumni Association (nfs)

Dec. 10, 1992

Dec. 10, 1992

PACER
267

RESPONSE of Defendant, Board of Trustees of State Institutions of Higher Learning to [257-1] motion to Intervene by MUW Foundation, Inc., MUW Alumni Assoc Oral Argument Requested with Affidavits attached (nfs)

Dec. 10, 1992

Dec. 10, 1992

PACER
268

RESPONSE by Jake Ayers Sr. (Private Plaintiffs') to [258-1] motion to Intervene as Amicus Curiae by Martha Marie McElroy, on Behalf of the Student Government Association of Mississippi University Women and Others (sjh)

Dec. 14, 1992

Dec. 14, 1992

PACER
269

RESPONSE by Jake Ayers Sr. (Private Plaintiffs') to the Motion of the MS State Alumni Assoc to File an Amicus Curiae Brief. (sjh)

Dec. 14, 1992

Dec. 14, 1992

PACER
270

RESPONSE by MUW Foundation, Inc., MUW Alumni Assoc in opposition with attachments to [258-1] motion to Intervene as Amicus Curiae by Martha Marie McElroy, on Behalf of the Student Association of Mississippi University for Women and Others (sjh)

Dec. 14, 1992

Dec. 14, 1992

PACER
271

RESPONSE by United States to [256-1] motion for Leave to File Brief of Amicus Curiae by the Delta State University Alumni Association, MS Univ for Women SGA & MS State Alumni Assoc. (sjh)

Dec. 15, 1992

Dec. 15, 1992

PACER
272

NOTICE & MOTION of the Alumni Association of the University of Mississippi for Leave to File Brief Amicus Curiae. (Attorney Raymond L. Brown MSB #4673) (sjh)

Dec. 21, 1992

Dec. 21, 1992

PACER
273

Private Plaintiffs' Position on the Request of the Alumni Assoc of the University of MS to file a Brief Amicus Curiae. (sjh)

Dec. 28, 1992

Dec. 28, 1992

PACER
274

CONSOLIDATED REPLY by MUW Foundation, Inc., MUW Alumni Assoc to response in opposition to [257-1] motion to Intervene by MUW Foundation, Inc., MUW Alumni Assoc Oral Argument Requested with Affidavits attached (nfs)

Dec. 28, 1992

Dec. 28, 1992

PACER
275

RESPONSE by United States to [272-1] motion of the Alumni Association of the University of Mississippi for Leave to File Brief Amicus Curiae. (Attorney Raymond L. Brown MSB #4673) (nfs)

Jan. 7, 1993

Jan. 7, 1993

PACER
276

MOTION by Private Plaintiffs' for Leave to Respond to the "Consolidated Reply" of the MUW Association and Foundation (sjh)

Jan. 8, 1993

Jan. 8, 1993

PACER
277

MEMORANDUM by Private Plaintiffs' [276-1] Responding to the "Consolidated Reply" of the MUW Association and Foundation by Jake Ayers Sr. (sjh)

Jan. 8, 1993

Jan. 8, 1993

PACER
278

UNITED STATES RESPONSE to the consolidated reply of the MUW Foundation And Alumnae Association To Private plaintiffs, IHl Board's And United States' Responses In Opposition To Intervention. (tab)

Jan. 25, 1993

Jan. 25, 1993

PACER
279

EMERGENCY MOTION by Private Plaintiffs to Allow the Commencement of Discovery and Supporting Memorandum (sjh) Modified on 03/24/1993 (Entered: 03/24/1993)

March 22, 1993

March 22, 1993

PACER
280

MOTION by Private Plaintiffs for Hearing on their Emergency Motion (sjh) Modified on 03/24/1993 (Entered: 03/24/1993)

March 22, 1993

March 22, 1993

PACER
281

ORDER granting [280-1] motion for Hearing on their Emergency Motion Motion Hearing set for 1:30 4/12/93 for [279-1] motion to Allow the Commencement of Discovery and Supporting Memorandum, set for 1:30 4/12/93 for [276-1] motion for Leave to Respond to the "Consolidated Reply" of the MUW Association and Foundation, set for 1:30 4/12/93 for [272-1] motion of the Alumni Association of the University of Mississippi for Leave to File Brief Amicus Curiae. (Attorney Raymond L. Brown MSB #4673), set for 1:30 4/12/93 for [258-1] motion to Intervene as Amicus Curiae by Martha Marie McElroy, on Behalf of the Student Government Association of Mississippi University for Women and Others, set for 1:30 4/12/93 for [257-1] motion to Intervene by MUW Foundation, Inc., MUW Alumni Assoc Oral Argument Requested with Affidavits attached, set for 1:30 4/12/93 for [256-1] motion for Leave to File Brief of Amicus Curiae by the Delta State University Alumni Association, set for 1:30 4/12/93 for [253-1] motion on Remand for Clarification and/or Reconsideration of Procedure in Order Setting Status Hearing and Scheduling Conference ( signed by Judge Neal B. Biggers Jr. on 03/24/93) (sjh) Modified on 03/24/1993

March 24, 1993

March 24, 1993

PACER
282

MOTION by Mississippi Valley for Carver Randall to File Amicus Brief [282-1] motion referred to Judge Neal B. Biggers Jr. (lw)

April 5, 1993

April 5, 1993

PACER
283

MOTION by Jake Ayers Sr. For The Enforcement Of The United States Supreme Court Mandate In The State Of MS And For Affirmative Relief Consistent With The State's Obligation To Dismantle Policies And Practices Traceable To Its Prior Dual System Of Higher Education (tab) (Entered: 04/13/1993)

April 12, 1993

April 12, 1993

PACER
284

CIVIL MINUTES for: Hearing on pending motions and procedural issues. Court heard argument on motions, etc: The motions to intervene and to file Briefs as Amicus Curiae taken under advisement; the court set discovery period of six months and refused to limit area of discovery as requested by defendants. An appropriate order will be entered. (tab)

April 13, 1993

April 13, 1993

PACER

Motion Hearing

April 13, 1993

April 13, 1993

PACER

Set Deadlines/Hearings

April 13, 1993

April 13, 1993

PACER

Motion hearing held 4/12/93 in Oxford re: [282-1] motion for Carver Randall to File Amicus Brief by Mississippi Valley, [279-1] motion to Allow the Commencement of Discovery and Supporting Memorandum by Jake Ayers Sr., [276-1] motion for Leave to Respond to the "Consolidated Reply" of the MUW Association and Foundation by Jake Ayers Sr., [272-1] motion of the Alumni Association of the University of Mississippi for Leave to File Brief Amicus Curiae. (Attorney Raymond L. Brown MSB #4673), [258-1] motion to Intervene as Amicus Curiae by Martha Marie McElroy, on Behalf of the Student Government Association of Mississippi University for Women and Others, [257-1] motion to Intervene by MUW Foundation, Inc., MUW Alumni Assoc Oral Argument Requested with Affidavits attached, [256-1] motion for Leave to File Brief of Amicus Curiae by the Delta State University Alumni Association, [253-1] motion on Remand for Clarification and/or Reconsideration of Procedure in Order Setting Status Hearing and Scheduling Conference by Jake Ayers Sr. (tab)

April 13, 1993

April 13, 1993

PACER

Deadline updated; Set Discovery deadline to 10/12/93 Judge Neal B. Biggers Jr. (tab)

April 13, 1993

April 13, 1993

PACER
285

ORDER denying [257-1] motion to Intervene by MUW Foundation, Inc., MUW Alumni Assoc Oral Argument Requested with Affidavits attached ( signed by Judge Neal B. Biggers Jr. on 04/13/93) (sjh) (Entered: 04/19/1993)

April 13, 1993

April 13, 1993

PACER
286

REQUEST for Admissions by United States to State of Mississippi, Fordice (tab)

May 12, 1993

May 12, 1993

PACER
287

MOTION by United States for Leave to Exceed The Limit On Number Of Interrogatories with supporting memorandum [287-1] motion referred to Magistrate Judge Jerry A. Davis (tab)

May 12, 1993

May 12, 1993

PACER
288

NOTICE OF SERVICE Interrogatories & Requests For Production of Documents by United States to State of Mississippi, Coahoma Junior, Mississippi Delta, Utica Junior College, Hinds Junior College, Fordice (tab)

May 12, 1993

May 12, 1993

PACER

Case Assigned/Reassigned

May 14, 1993

May 14, 1993

PACER

**Magistrate Reassigned; Case Reassigned to Magistrate Judge Jerry A. Davis (sjh)

May 14, 1993

May 14, 1993

PACER
289

NOTICE OF SERVICE of Interrogatories and Request for Documents (on Remand) by State of Mississippi, Fordice to Jake Ayers Sr. (sjh)

May 14, 1993

May 14, 1993

PACER
290

MOTION by Jake Ayers Sr. (Private Plaintiffs') to Exceed the General Limit of the Number of Interrogatories [290-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

May 14, 1993

May 14, 1993

PACER
291

NOTICE OF SERVICE Interrogatories or Requests for Production of Documents or Responses Thereto by Jake Ayers Sr. to State of Mississippi, Utica Junior College, Fordice, United States (sjh)

May 19, 1993

May 19, 1993

PACER
292

ORDERED that depositions shall be conducted during the following prescribed dates: Aug. 23-27, 1993; Sept. 8-10, 1993; Sept. 13-14, 1993; Sept. 20-23, 1993; Sept. 27-Oct. 1, 1993; Oct. 4-8, 1993 and Oct. 13-15, 1993. The parties will meet with the court in aproximately ninety days for a status conference. ( signed by Judge Neal B. Biggers Jr. on 5/26/93) (lfm)

May 25, 1993

May 25, 1993

PACER
293

ORDER granting United States [287-1] motion for Leave to Exceed The Limit On Number Of Interrogatories. The number of shall not exceed 75. (signed by Magistrate Judge Jerry A. Davis on 5/28/93) (lfm) Modified on 06/08/1993 (Entered: 06/02/1993)

June 1, 1993

June 1, 1993

PACER
294

ORDER granting Private Plaintiffs [290-1] motion to Exceed the General Limit of the Number of Interrogatories. The number of interrogatories shall not exceed 75. (signed by Magistrate Judge Jerry A. Davis on 5/28/93) (lfm) Modified on 06/08/1993 (Entered: 06/02/1993)

June 1, 1993

June 1, 1993

PACER
295

MOTION by State of Mississippi For Exception To Local Rule 6(a) [295-1] motion referred to Magistrate Judge Jerry A. Davis (tab)

June 7, 1993

June 7, 1993

PACER
296

MOTION by United States for Exception to Local Rule 6(A) [296-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

June 10, 1993

June 10, 1993

PACER
297

MOTION by Jake Ayers Sr. to Extend Time and For Discovery Conference [297-1] motion referred to Magistrate Judge Jerry A. Davis (tab)

June 10, 1993

June 10, 1993

PACER
298

MOTION by Jake Ayers Sr. For Exception to Local Rule 6(a) [298-1] motion referred to Magistrate Judge Jerry A. Davis (tab)

June 10, 1993

June 10, 1993

PACER
299

ORDER granting [297-1] motion to Extend Time and For Discovery Conference, reset Discovery deadline to 6/30/93, set Discovery Hearing for 1:00 7/12/93, Aberdeen, MS in Magistrate Judge Davis Chambers ( signed by Magistrate Judge Jerry A. Davis on 07/11/93) (sjh) (Entered: 06/16/1993)

June 14, 1993

June 14, 1993

PACER
300

ORDER granting [298-1] motion For Exception to Local Rule 6(a), granting [296-1] motion for Exception to Local Rule 6(A), granting [295-1] motion For Exception To Local Rule 6(a). Parties are allowed to exceed the limit of the number of interrogatories previously imposed by the Court. Parties shall respond to all interrogatories currently submitted by the parties ( signed by Magistrate Judge Jerry A. Davis on 07/11/93) (sjh) (Entered: 06/16/1993)

June 14, 1993

June 14, 1993

PACER

Miscellaneous Document

June 24, 1993

June 24, 1993

PACER

Letter from Magistrate Judge Davis to Counsel stating that the Discovery Conference previously set for 07/12/93 will have to be rescheduled. Counsel are instructed to contact Mrs. Emily Blankenship, my Courtroom Deputy, to schedule an alternate date. (sjh)

June 24, 1993

June 24, 1993

PACER

Notice of Hearing

June 25, 1993

June 25, 1993

PACER

Discovery Conference set at 3:00 7/19/93 before Magistrate Judge Jerry A. Davis, Oxford, MS. (sjh)

June 25, 1993

June 25, 1993

PACER
301

NOTICE OF SERVICE by United States to Defendants of Responses to Interrogatories on Remand and Responses to Requests for Production of Documents on Remand. (sjh)

July 2, 1993

July 2, 1993

PACER
302

RESPONSE TO REQUEST FOR ADMISSIONS of Defendants Board of Trustees of State Institutions of Higher Learning re: [286-1] admission requested by United States (sjh)

July 2, 1993

July 2, 1993

PACER
303

NOTICE OF SERVICE of Discovery Responses by Defendnats Board of Trustees of State Institutions of Higher Learning. (sjh)

July 2, 1993

July 2, 1993

PACER

Set Deadlines/Hearings

July 19, 1993

July 19, 1993

PACER

Deadline updated; reset Discovery deadline to 11/26/93 Magistrate Judge Jerry A. Davis (sjh)

July 19, 1993

July 19, 1993

PACER
304

MOTION by Private Plaintiffs' to Compel a Response to Discovery on Remand [304-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

July 19, 1993

July 19, 1993

PACER
305

NOTICE OF SERVICE of Privilege Log by Defendant Board of Trustees of State Institutions of Higher Learning to United States, Jake Ayers Sr. (sjh)

Aug. 2, 1993

Aug. 2, 1993

PACER
306

AMENDMENT to Private Plaintiffs' ANSWERS to Defendants' Interrogatories to Private Plaintiffs (ON REMAND) (sjh)

Aug. 4, 1993

Aug. 4, 1993

PACER
307

MOTION by Private Plaintiffs' for Admission of Armand Derfner Pro Hac Vice and Entry of Apperance of Armand Derfner [307-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

Aug. 4, 1993

Aug. 4, 1993

PACER
308

RESPONSE by State of Mississippi to [304-1] motion to Compel a Response to Discovery on Remand by Jake Ayers Sr. (tab)

Aug. 12, 1993

Aug. 12, 1993

PACER
309

AFFIDAVIT of W. Ray Cleere by State of Mississippi Re: [308-1] motion response by State of Mississippi. (tab)

Aug. 12, 1993

Aug. 12, 1993

PACER

Notice of Hearing

Aug. 16, 1993

Aug. 16, 1993

PACER

Discovery Hearing held before Magistrate Judge Jerry A. Davis on 07/19/93. (sjh)

Aug. 16, 1993

Aug. 16, 1993

PACER
310

ORDER pursuant to telephone conference and being advised that all copies of documents cannot be made available until 08/28/93, the Court finds deadline for plaintiffs to file motions to compel be extended until 09/13/93. Discovery plans be submitted on 09/13/93. Private Plaintiffs may file a reply brief to defendants' privilege log by 09/03/93 reset Discovery Hearing previously scheduled for Oxford, MS is moved to 10:00 9/13/93, ABERDEEN, MS, Courtroom # 1 ( signed by Magistrate Judge Jerry A. Davis on 09/12/93) (sjh) (Entered: 08/18/1993)

Aug. 16, 1993

Aug. 16, 1993

PACER
311

ORDER granting [307-1] motion of Armand Derfner Pro Hac Vice and Entry of Apperance of Armand Derfner ( signed by Magistrate Judge Jerry A. Davis on 08/13/93) (sjh) (Entered: 08/18/1993)

Aug. 16, 1993

Aug. 16, 1993

PACER
312

TRANSCRIPT filed for Discovery Conference dates of 7/19/93 before Mag. Judge Davis in Oxford, MS. (tab)

Aug. 19, 1993

Aug. 19, 1993

PACER
313

CIVIL MINUTES for: Discovery Conference held on 07/19/93, Aberdeen, MS before Magistrate Judge Davis. Evidence heard on Plaintiff's request to extend the discovery deadlines. Decision deferred on extension of deadlines for completion of discovery; schedule set for motions to compel; set Discovery Conference for 9/13/93, Aberdeen, MS (sjh) (Entered: 08/25/1993)

Aug. 24, 1993

Aug. 24, 1993

PACER
314

Exhibit list by Jake Ayers Sr., Plaintiff. (sjh) (Entered: 08/25/1993)

Aug. 24, 1993

Aug. 24, 1993

PACER
315

MOTION by State of Mississippi, Fordice (Defendants Board of Trustees of State Institutions of Higher Learning, et al) to Compel Discovery from Private Plaintiffs [315-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

Aug. 25, 1993

Aug. 25, 1993

PACER
316

MOTION by State of Mississippi, Fordice (Defendants Board of Trustees of State Institutions of Higher Learning, et al) to Compel United States to Answer Interrogatories [316-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

Aug. 25, 1993

Aug. 25, 1993

PACER
317

MOTION by United States to Compel Discovery [317-1] motion referred to Magistrate Judge Jerry A. Davis (sjh)

Sept. 3, 1993

Sept. 3, 1993

PACER
318

NOTICE OF SERVICE defendants' privilege log (revised) by State of Mississippi, Coahoma Junior, Mississippi Delta, Utica Junior College, Hinds Junior College, Fordice to Jake Ayers Sr. (nfs)

Sept. 7, 1993

Sept. 7, 1993

PACER

Set Deadlines/Hearings

Sept. 7, 1993

Sept. 7, 1993

PACER

Deadline updated; reset Discovery Hearing for 1:00 9/13/93 Aberdeen Magistrate Judge Jerry A. Davis (fcc)

Sept. 7, 1993

Sept. 7, 1993

PACER
319

MOTION by Jake Ayers Sr. for Preliminary Injunction (sjh)

Sept. 13, 1993

Sept. 13, 1993

PACER

Notice of Hearing

Sept. 13, 1993

Sept. 13, 1993

PACER

NOTICE of Non-Jury Trial Set at 10:00 2/1/94 Location: Oxford, MS before Judge Neal B. Biggers Jr. (sjh)

Sept. 13, 1993

Sept. 13, 1993

PACER
320

United States' PROPOSED DISCOVERY PLAN (sjh) (Entered: 09/15/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
321

NOTICE & MOTION by United States to Compel Discovery [321-1] motion referred to Magistrate Judge Jerry A. Davis (sjh) Modified on 09/15/1993 (Entered: 09/15/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
322

NOTICE & MOTION by United States to Compel Expert Visits [322-1] motion referred to Magistrate Judge Jerry A. Davis (sjh) (Entered: 09/15/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
323

NOTICE & MOTION by United States to Compel Responses to Discovery Concerning Junior and Community Colleges [323-1] motion referred to Magistrate Judge Jerry A. Davis (sjh) (Entered: 09/15/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
324

RESPONSE by United States to [316-1] motion to Compel United States to Answer Interrogatories by Fordice, State of Mississippi (sjh) (Entered: 09/15/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
325

RESPONSE by State of Mississippi, Fordice to [316-1] motion to Compel United States to Answer Interrogatories by Fordice, State of Mississippi (sjh)

Sept. 15, 1993

Sept. 15, 1993

PACER
326

AMENDED SCHEDULING ORDER setting Discovery cutoff 12/17/93 ; Motion Filing deadline on 1/7/94 ; Pltfs list of unconstitutional remnants 10/15/93; Defts response 11/01/93; Pltfs response 12/01/93; Copies of marked exhibits 01/07/94 Final Pretrial Conf. 01/14/94 at 2:00 PM before Mag. Davis in Aberdeen; Pretrial Conference 01/31/94 at 10:00 AM before Judge Biggers in Oxford; Trial set 02/01/94 at 10:00 AM before Judge Biggers in Oxford. For the orderly presentation of evidence at trial, only one attorney representing the plaintiffs and one attorney representing the defendants will be allowed to examine or cross-examine a witness ( signed by Magistrate Judge Jerry A. Davis on 09/16/93 ) (admin) Modified on 10/07/1993

Sept. 17, 1993

Sept. 17, 1993

PACER

Set Deadlines/Hearings

Sept. 17, 1993

Sept. 17, 1993

PACER

Deadline updated; set Exhibit deadline to 1/7/94, ; set Final Pretrial Conference for 2:00 1/14/94 in Aberdeen Magistrate Judge Jerry A. Davis (admin)

Sept. 17, 1993

Sept. 17, 1993

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

School Desegregation

Key Dates

Filing Date: Jan. 28, 1975

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All black citizens residing in Mississippi, whether students, former students, parents, employees, or taxpayers, who have been, are, or will be discriminated against on account of race in receiving equal educational opportunity and/or equal employment opportunity in the universities operated by said Board of Trustees.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of Mississippi, Kirk Fordice, State

Hinds Junior College/Board of Trustees, State

Utica Junior College/Board of Trustees, State

Mississippi Delta Junior College/ Board of Trustees, State

Coahoma Junior College, State

State of Mississippi , State

Defendant Type(s):

College/University

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):

Due Process

Equal Protection

Slavery/Involuntary servitude

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Reporting

Issues

General:

Education

Funding

School/University Facilities

School/University policies

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run