Case: United States of America v. Avoyelles Parish School Board

1:65-cv-12721 | U.S. District Court for the Western District of Louisiana

Filed Date: March 2, 1967

Closed Date: 2018

Clearinghouse coding complete

Case Summary

The United States, as plaintiff, filed this school desegregation case in the U.S. District Court for the Western District of Louisiana in 1967, with Judge Edwin Hunter presiding. The United States sued the Avoyelles Parish School Board to enjoin the operation of a segregated school system. Initially, the Board pursued a freedom-of-choice approach to desegregation. The Fifth Circuit at first approved the use of freedom of choice plans in United States v. Jefferson. 372 F.2d 836 (5th Cir. Dec. 29…

The United States, as plaintiff, filed this school desegregation case in the U.S. District Court for the Western District of Louisiana in 1967, with Judge Edwin Hunter presiding. The United States sued the Avoyelles Parish School Board to enjoin the operation of a segregated school system.

Initially, the Board pursued a freedom-of-choice approach to desegregation. The Fifth Circuit at first approved the use of freedom of choice plans in United States v. Jefferson. 372 F.2d 836 (5th Cir. Dec. 29, 1966). And even in the wake of Green v. County School Board of New Kent County, 391 U.S. 430 (1968), in which the Supreme Court expressed frustration at the inadequacy of freedom of choice plans, the Western District continued to accept them as a viable option. See Adams v. Matthews, 401 F.2d 181 (5th Cir. Aug. 20, 1968); Conley v. Lake Charles School Board, 293 F.Supp. 84, 87 (W.D. La. Nov. 14, 1968) (including Avoyelles Parish). Ultimately, however, in Hall v. St. Helena Parish, a consolidated appeal of cases from across Circuit, the Fifth Circuit ordered the district courts to reverse course and solicit alternative plans from the various defendant school boards. 417 F.2d 801 (5th Cir. May 28, 1969) (including Avoyelles Parish).

Through the 1970s and 80s, the Board and the United States worked on various desegregation plans. On April 22, 1987, a private plaintiff was allowed to intervene on behalf of his minor child. The district court remained active through the 1980s and 1990s, approving and modifying various Board plans. On July 7, 1988, for example the district court (Judge Nauman Scott) ordered the Parish to close a number of schools after finding the Board's proposed plan unacceptable. Through the 2000s, the Board continued to make various amendments, with court approval, to its desegregation plans, including lots of school construction.

By 2012, the district court began to declare unitary status in some areas, including transportation, faculty and staff and extracurricular activities. Then on May 21, 2015, the court issue a consent order declaring unitary status in student assignment and discipline, but decided to retain jurisdiction for monitoring purposes for three years.

On October 2, 2018, the defendant filed a motion to dismiss pursuant to the order on May 21, 2015. The defendant contended that it had complied fully and faithfully with all applicable federal laws and the terms of the Consent Order for the past three years, including avoiding any official action with the effect of perpetuating or reestablishing a dual school system, and taking steps to further the desegregation of its schools and eliminate the effects of the previous dual school system.

On October 17, 2018, the court granted the motion to dismiss. The case is closed.

Available Opinions

United States v. Avoyelles Parish School Board, Civ. A. No. 65-12721, 2009 WL 1505305 (W.D. La. May 28, 2009) (admonishing the Board for its generally slow progress in achieving unitary status; largely approving a "radical" new plan from the Board to achieve desegregation)

United States v. Avoyelles Parish School Board, Civ. A. No. 65-12721, 2011 WL 2356977 (W.D. La. Mar. 22, 2011) (approving school construction expenditure)

United States v. Avoyelles Parish School Board, Civ. A. No. 65-12721, 2016 WL 3636698 (W.D. La. June 29, 2016) (dispute over attorneys fees for plaintiff-intervenor's attorney)

Summary Authors

Greg Margolis (2/25/2017)

Sichun Liu (5/30/2019)

Related Cases

Hall and United States of America v. St. Helena Parish School Board, Middle District of Louisiana (1952)

Conley v. Lake Charles School Board, Calcasieu Parish School Board, Western District of Louisiana (1964)

Related School Desegregation Cases in the Western District of Louisiana, Western District of Louisiana (1964)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5101158/parties/united-states-v-avoyelles-parish/


Judge(s)

Drell, Dee D. (Louisiana)

Attorneys(s) for Plaintiff

Dann, Mark (District of Columbia)

Hebert, Janice E. (Louisiana)

Holmes, Allen (Louisiana)

Knoll, Eddie (Louisiana)

Marshall, Franz (District of Columbia)

Reno, Janet (District of Columbia)

Taylor, Lisa M. (District of Columbia)

Vincent, Katherine (Louisiana)

Wilson, Ryan C (District of Columbia)

Judge(s)

Drell, Dee D. (Louisiana)

Attorneys(s) for Plaintiff

Dann, Mark (District of Columbia)

Hebert, Janice E. (Louisiana)

Holmes, Allen (Louisiana)

Knoll, Eddie (Louisiana)

Marshall, Franz (District of Columbia)

Reno, Janet (District of Columbia)

Taylor, Lisa M. (District of Columbia)

Vincent, Katherine (Louisiana)

Wilson, Ryan C (District of Columbia)

Zisser, Aaron B. (California)

Attorneys(s) for Defendant

Ieyoub, Richard P. (Louisiana)

Kelly, Michael F. (Louisiana)

Lafargue, David Edwin (Louisiana)

Lee, James T. (Louisiana)

Riddle, Charles A. III (Louisiana)

Roy, Cory P. (Louisiana)

Starns, Remy V. (Louisiana)

Other Attorney(s)

Foti, Charles C. Jr. (Louisiana)

Jeansonne, Mark A. (Louisiana)

Larvadain, Malcom Xerxes (Virginia)

Pecantte-Burton, Lucretia P. (Louisiana)

Rabalais, Rodney M. (Louisiana)

Documents in the Clearinghouse

Document

1:65-cv-12721

Docket

United States v. Avoyelles Parish School Board

April 15, 2005

April 15, 2005

Docket

1:65-cv-12721

Docket

United States of America v. Avoyelles Parish

July 22, 2016

July 22, 2016

Docket
48

1:65-cv-12721

Ruling

United States v. Avoyelles Parish School Board

2009 WL 1505305

May 28, 2009

May 28, 2009

Order/Opinion
131

1:65-cv-12721

Ruling and Order

2011 WL 2356977

March 22, 2011

March 22, 2011

Order/Opinion
220

1:65-cv-12721

Supplemental Motion to Submit Minutes of the Needs Assessment Committee of the Avoyelles Parish School Board

Feb. 25, 2012

Feb. 25, 2012

Pleading / Motion / Brief
213

1:65-cv-12721

Judgment

Dec. 14, 2012

Dec. 14, 2012

Order/Opinion
365

1:65-cv-12721

Memorandum and Ruling

2016 WL 3636698

June 29, 2016

June 29, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5101158/united-states-v-avoyelles-parish/

Last updated Aug. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

PAPER DOCKET SHEET AS OF 4/18/05 (crt,Franklin, K) (Entered: 04/18/2005)

March 2, 1967

March 2, 1967

58

RULING re 50 Motion to Approve Plan of Expert for the Avoyelles Parish School Board filed by School Board of Avoyelles Parish. Signed by Judge Dee D Drell on 05/27/2009. (crt,Leleux, M)

1 Searchable Copy of Opinion

View on PACER

May 28, 2009

May 28, 2009

RECAP
2

RULING that the motion, as amended, to modify this court's judgment dated 7/6/98 is GRANTED as being in the best interest of all the school children in Avoyelles Parish. This is not a final ruling. The financing of the plan is contingent upon approval by the appropriate voters of three seperate, but interelated, taxing proposals. If, and only if, each of the three seperate financing proposals receives certified voter approval will this ruling be operational and authoritative. Signed by Judge F A Little Jr on 4/18/05. (crt,Franklin, K) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

75

RULING AND ORDER granting 68 Motion Approval for Expenditure of Funds. The Court has formulated a simple chart of the agreed and contested expenditures based upon the representations made to us by all parties following their negotiations. Because t ime is of the essence and there is good reason to approve the allocations as submitted (except as to the original proposal regarding LaSAS), the Court ORDERS that allocations of funding are hereby approved in the amounts listed herein. Moreover, the parties should be prepared to discuss specifically alternatives to address the issue of all remaining racially identifiable schools at the upcoming status conference set on January 27, 2010 at 10:00 A.M.. Signed by Judge Dee D Drell on 12/21/09. (crt,Harrison, U)

1 Searchable Copy of Opinion

View on PACER

Dec. 21, 2009

Dec. 21, 2009

RECAP
3

MOTION to Reconfigure the Avoyelles Parish Public Elementary Schools WITH CONSENT by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits # 2 Text of proposed order)(crt,Franklin, K) MOTION REFERRED BY ALEXANDRIA OFFICE (Entered: 07/26/2005)

July 25, 2005

July 25, 2005

131

RULING AND ORDER granting 90 Motion for Miscellaneous Relief, and the requested expenditure is APPROVED. Signed by Judge Dee D Drell on 3/22/2011. (crt,Alexander, E)

1 Searchable Copy of Opinion

View on PACER

March 22, 2011

March 22, 2011

RECAP
331

ADDITIONAL REASONS FOR RULING: Court recognizes the exceptional efforts of Dr William Gordon, Dr Dwayne Lemoine, Dr Charles Riddle, Mr Allen Holmes, Mr Franz Marshall, and Mr Mark Dann, et al. Signed by Chief Judge Dee D Drell on May 21, 2015. (crt,Dunford, T)

1 Searchable Copy of Opinion

View on PACER

May 21, 2015

May 21, 2015

RECAP
4

ORDER granting 3 Motion to Reconfigure the Avoyelles Parish Public Schools allowing a sixth grade in each of the six elementary schools to be moved to the Pre−K through 5 campuses and be permitted beginning the school year 2005−2006. Signed by Judge F A Little Jr on July 27, 2005. (crt,Dean, S) Modified on 7/29/2005 to correct Judge (Dean, S). (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

352

RULING AND ORDER re 336 MOTION for Attorney Fees filed by Allen Holmes, 344 MOTION for Attorney Fees filed by Allen Holmes, 350 Joint MOTION to Determine Attorneys Fees to be paid to Ed Larvadain filed by School Board of Avoyelles Parish; Set Deadlines as to 344 MOTION for Attorney Fees and 350 Joint MOTION to Determine Attorneys Fees to be paid to Ed Larvadain: (Responses due by 4/22/2016, Replies due by 5/6/2016.) Re 336 Motion for Attorney Fees filed by Allen Holmes, IT IS ORDERED that Intervenor and APSB will confer regarding a compromise on the issue of reimbursement of some amount of Intervenor's expenses incurred during the litigation of this matter during the next thirty (30) days and shall, afterward, update the court with a status of this issue. Signed by Chief Judge Dee D Drell on 3/29/16. (crt,Whidden, C) Modified on 3/29/2016 to modify docket text (Whidden, C).

1 Searchable Copy of Opinion

View on PACER

March 29, 2016

March 29, 2016

RECAP
5

RESPONSE by School Board of Avoyelles Parish in reference to enrollment data for the school year 2006−2007. (crt,Leleux, M) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

6

MOTION for Approval of Provisional Custody by Mandate for Purpose of Enrollment by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Williams, L) (Entered: 03/19/2007)

March 12, 2007

March 12, 2007

7

MINUTE ENTRY: Case reassigned to Judge Dee D Drell. Judge F A Little, Jr no longer assigned to case. (crt,Williams, L) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

8

ORDER granting 6 Motion for Approval of Provisional Custody by Mandate that Rebecca Bergeron be allowed admission into Avoyelles High School. Signed by Judge Dee D Drell on 03/20/07. (crt,Harrison, U) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

MAIL RETURNED as Undeliverable: Mail sent to Remy V Starns, Starns Shires Mettauer, P. O. Box 231, Logansport, LA 70149, re: 7 Order Reassigning Case, returned marked: return to sender, not deliverable as addressed. (crt,Darnell, C) (Entered: 03/29/2007)

March 23, 2007

March 23, 2007

MAIL RETURNED as Undeliverable: Mail sent to Remy V Starns, Starns Shires Mettauer, P. O. Box 231, Logansport, LA 71049, re: 8 Order on Motion for Miscellaneous Relief, returned marked: return to sender; not deliverable as addressed. (crt,Darnell, C) (Entered: 03/29/2007)

March 26, 2007

March 26, 2007

9

MOTION to Approve the Moving of the Alert School to the Hessmer Public School Campus by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 04/03/2007)

April 2, 2007

April 2, 2007

10

ORDER granting 9 Motion to Approve the Moving of the Alert School to the Hessmer Public School Campus by School Board of Avoyelles Parish. ORDERED that Avoyelles Parish School Board shall send this notice to all parties involved and allow them to file objections within 30 days of notice; FURTHER ORDERED that Avoyelles Parish School Board be allowed to continue its operation of the Alert School at the Hessmer campus until further notice from the court. Signed by Judge Dee D Drell on 04/04/07. (crt,Harrison, U) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

11

MOTION for Final Approval for the Moving of the Alert School to the Hessmer Public School Campus by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Williams, L) (Entered: 06/05/2007)

May 31, 2007

May 31, 2007

13

MOTION for Authority to Sell School Property by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Williams, L) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

14

ORDER granting 13 Motion for Authority to Sell School Property . Signed by Judge Dee D Drell on 08/01/07. (crt,Williams, L) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

15

MOTION to Approve the Construction of a Gymnasium at Marksville Elementary School &Classroom Building at Avoyelles High School by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 08/13/2007)

Aug. 8, 2007

Aug. 8, 2007

17

ORDER re 15 MOTION to Approve the Construction of a Gymnasium at Marksville Elementary School &Classroom Building at Avoyelles High School filed by School Board of Avoyelles Parish. Signed by Judge Dee D Drell on 8/14/07. (crt,Alexander, E) (Entered: 08/16/2007)

Aug. 14, 2007

Aug. 14, 2007

16

RESPONSE to 15 MOTION to Approve the Construction of a Gymnasium at Marksville Elementary School &Classroom Building at Avoyelles High School filed by USA. (aty,Taylor, Lisa) Modified on 8/16/2007 to edit text(Williams, L). (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

18

MOTION for Telephone Conference to Discuss Objection filed by Plaintiff re 16 Response to Motion by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

19

MOTION for Final Approval for the Sale of School Property by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

20

ORDER terminating 18 Motion for Telephone Conference w/notation thereon, "Not Considered−Conference Already Held". Signed by Judge Dee D Drell on September 4, 2007. (crt,Dean, S) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

21

MINUTE ENTRY: re 16 Response to Motion filed by USA. Signed by Judge Dee D Drell on 09/05/07. (crt,Leleux, M) (Entered: 09/06/2007)

Sept. 5, 2007

Sept. 5, 2007

22

ORDER granting 19 Motion for Final Approval for the Sale of School Property at the old Marksville Middle School site to the City of Marksville. Signed by Judge Dee D Drell on 09/05/07. (crt,Harrison, U) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

23

MOTION to Approve Projects by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits; # 2 Proposed Order)(crt,Alexander, E) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

24

DEFICIENT MOTION to Supplement 23 MOTION to Approve Projects by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Alexander, E) Modified on 10/16/2007 to remove question mark for deficiency (Dunford, T). (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

25

NOTICE of Deficiency to Charles A Riddle, III on behalf of School Board of Avoyelles Parish regarding 24 DEFICIENT? MOTION to Supplement 23 MOTION to Approve Projects. Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. (crt,Alexander, E) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

26

ORDER re 23 MOTION to Approve Projects filed by School Board of Avoyelles Parish. Signed by Judge Dee D Drell on 09/10/07. (crt,Williams, L) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

27

RESPONSE to Motion re 23 MOTION to Approve Projects filed by USA. (aty,Taylor, Lisa) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

28

MOTION for Final Approval of Projects by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

30

MINUTE ENTRY setting a Status Conference for 5/2/2008 10:00 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/18/08. (crt,Leleux, M) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

31

MOTION to Approve Leasing Gymnasium at the Former Hessmer School by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/25/2008 to change motion event and to reflect Proposed Order included within pdf of Main Document(Williams, L). (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

32

MOTION to Approve Moving APAS from Hessmer Campus to Mansura Sixth Grade Center by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/25/2008 to change motion event and to reflect that Proposed Order included within pdf of Main Document(Williams, L). (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

33

MOTION to Approve the Leasing of Hessmer Facility to Avoyelles Community College Inc by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/25/2008 to change motion event and to reflect that Proposed Order is included within pdf of Main Document(Williams, L). (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

34

MINUTE ENTRY: District Judge Status Conference set for 5/2/2008 is changed to 10:30 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/25/08. (crt,Harrison, U) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

35

MINUTE ENTRY: District Judge Telephone Status Conference set for 5/12/2008 02:30 PM before Judge Dee D Drell. Signed by Judge Dee D Drell on 05/02/08. (crt,Harrison, U) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

37

ORDER granting 32 Motion to be allowed to move APAS from the Hessmer location to the vacant Mansura Sixth Grade Center. Signed by Judge Dee D Drell on 04/28/08. (crt,Leleux, M) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

38

ORDER granting 33 Motion to be allowed to lease the former Hessmer school to Warren J Plauche M D for the operation of a community college. Signed by Judge Dee D Drell on 04/28/08. (crt,Leleux, M) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

39

ORDER granting 31 Motion to be allowed to lease the gymnasium at the former Hessmer School to Rev Floyd Murray for recreational purposes and youth activities. Signed by Judge Dee D Drell on 04/28/08. (crt,Leleux, M) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

40

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 5/12/2008. (crt,Leleux, M) (Entered: 05/14/2008)

May 12, 2008

May 12, 2008

41

MOTION to Approve the Demolition of the Former Hessmer School by School Board of Avoyelles Parish. (Attachments: # 1 Certificate, # 2 Order)(aty,Roy, Cory) Modified on 8/21/2008 to more accurately reflect name of document(Williams, L). (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

42

MOTION to Approve a Majority to Minority Plan for the Avoyelles Parish School Board by School Board of Avoyelles Parish. (Attachments: # 1 Certificate of Service, # 2 Certificate, # 3 Text of proposed order, # 4 Exhibits Exhibit A)(aty,Roy, Cory) Modified on 9/24/2008 to more accurately reflect name of document(Williams, L). (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

43

ORDER granting 42 Motion to adopt transfer policy. Signed by Judge Dee D Drell on 09/24/08. (crt,Harrison, U) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

44

ORDER re 41 MOTION to Approve the Demolition of the Former Hessmer School filed by School Board of Avoyelles Parish. DENIED in this form. May be re−submitted. Signed by Judge Dee D Drell on 10/02/08. (crt,Leleux, M) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

45

PROPOSED ORDER/JUDGMENT by School Board of Avoyelles Parish. (aty,Roy, Cory) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

47

MOTION to approve A Majority to Minority Plan with consent by School Board of Avoyelles Parish. (Attachments: # 1 Text of proposed order, # 2 Certificate of good standing, # 3 Exhibits)(aty,Roy, Cory) Modified on 4/7/2009 to indicate consent (Williams, L). (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

48

ORDER granting 47 Motion to adopt a transfer policy. Signed by Judge Dee D Drell on 04/08/2009. (crt,Leleux, M) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 4/20/2009. (crt,Leleux, M) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

49

MINUTE ENTRY setting an in−person Status Conference for 5/12/2009 09:30 AM in Chambers before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/20/2009. (crt,Leleux, M) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

50

MOTION to Approve Plan of Expert for the Avoyelles Parish School Board by School Board of Avoyelles Parish. (Attachments: # 1 Order, # 2 Certificate, # 3 Notice of manual attachment)(aty,Roy, Cory) Modified text on 4/29/2009. (Alexander, E) (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

51

MANUAL ATTACHMENT RECEIVED AND SCANNED. Received from Cory P Roy on behalf of School Board of Avoyelles Parish regarding 50 MOTION to Approve Plan of Expert for the Avoyelles Parish School Board. (crt,Harrison, U) (Entered: 04/29/2009)

April 23, 2009

April 23, 2009

52

MINUTE ENTRY: re 49 Minute Entry: The in−person status conference on 5/12/09 is NOT a public hearing. Being preliminary to allow the Court to determine the nature and status of the case, attendance is limited to the parties, their counsel and experts if any. In the case of the School Board, the Superintendent is the Board's designated representative for this conference. Signed by Judge Dee D Drell on 04/29/2009. (crt,Leleux, M) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

53

ORDER denying 50 Motion for status conference. Unnecessary − see docs #49 and 52. Signed by Judge Dee D Drell on 04/30/09. (crt,Harrison, U) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

54

RESPONSE to Motion re 50 MOTION to Approve Plan of Expert for the Avoyelles Parish School Board filed by USA. (aty,Taylor, Lisa) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 5/12/2009 to discuss nature and status of case. (crt,Leleux, M) (Entered: 05/13/2009)

May 12, 2009

May 12, 2009

55

MINUTE ENTRY Setting a hearing on 50 Motion to Approve plan of Expert for the Avoyelles Parish School Board for 5/22/2009 10:00 AM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 05/12/2009. (crt,Leleux, M) (Entered: 05/13/2009)

May 13, 2009

May 13, 2009

56

MINUTES for proceedings held before Judge Dee D Drell: Motion hearing held on 5/22/2009 re 50 Motion to Approve Plan of Expert for the Avoyelles Parish School Board filed by School Board of Avoyelles Parish. (Court Reporter: Mary Thompson) (crt,Leleux, M) (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

57

EXHIBITS ADMITTED DURING MOTION HEARING OF MAY 22, 20009. (crt,Leleux, M) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

59

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings filed for Motion Hearing held on May 21, 2009 before Judge Drell. Court Reporter/Transcriber Mary Thompson, Telephone number 337.593.5222. Pages: 1−212 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/30/2009. Redacted Transcript Deadline set for 7/10/2009. Release of Transcript Restriction set for 9/8/2009. (crt,Thompson, M) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 7/27/2009. (crt,Leleux, M) (Entered: 07/28/2009)

July 27, 2009

July 27, 2009

60

PROPOSED ORDER/JUDGMENT Order by School Board of Avoyelles Parish. (aty,Riddle, Charles) (Entered: 08/01/2009)

Aug. 1, 2009

Aug. 1, 2009

61

ORDER re 58 Memorandum Ruling of 5/27/09. ORDERED the students at LA School for the Agricultural Sciences will be allowed to participate in all extra curricular activity programs of the sending schools. ORDERED the students enrolled at this school be allowed to participate in all athletic competition programs sanctioned by the LA High School Athletic Assn of the sending schools and ORDERED the Avoyelles Parish School Board shall provide transportation to the students participating in extra curricular activities in the same fashion as it would for students of the sending schools. Signed by Judge Dee D Drell on 08/03/2009. (crt,Leleux, M) (Entered: 08/04/2009)

Aug. 4, 2009

Aug. 4, 2009

62

MOTION by School Board of Avoyelles Parish. (Attachments: # 1 Order, # 2 Certificate)(aty,Riddle, Charles) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

63

MINUTE ENTRY: Counsel for the Government shall initiate a telephone conference to begin at 2:00 p.m. on August 27, 2009. Signed by Judge Dee D Drell on 08/26/09. (crt,Harrison, U) (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 8/27/2009. (crt,Leleux, M) (Entered: 08/28/2009)

Aug. 27, 2009

Aug. 27, 2009

64

(RESCINDED) ORDER granting 62 Motion. ORDERED the Avoyelles parish School Board is prohibited from allowing students to leave Bunkie High School as a school of choice. Signed by Judge Dee D Drell on 08/27/2009. (crt,Leleux, M) Modified on 8/23/2010to reflect Order is rescinded. See 97 Order on Motion. (Alexander, E) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

65

MINUTE ENTRY setting a Telephone Conference for 9/25/2009 10:00 AM in by phone before Judge Dee D Drell. Signed by Judge Dee D Drell on 08/28/2009. (crt,Leleux, M) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

66

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 9/25/2009. (crt,Leleux, M) (Entered: 10/02/2009)

Sept. 25, 2009

Sept. 25, 2009

67

MINUTE ENTRY: Pursuant to the telephone conference held on 09/25/09, an in−person status conference is fixed for November 18, 2009 at 1:30 p.m. in Alexandria, LA. Pending issues will be discussed. Signed by Judge Dee D Drell on 10/01/09. (crt,Harrison, U) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

68

MOTION for Approval of Expenditure of Funds by School Board of Avoyelles Parish. (Attachments: # 1 Text of Proposed Order, # 2 Certificate, # 3 Exhibit A, # 4 Exhibit B)(aty,Riddle, Charles) Modified on 10/30/2009 to edit text (Reasor, M). (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

69

ORDER re 68 Motion filed by School Board of Avoyelles Parish. The parties are given until 11/18/09 to consent or oppose the expenditures as outlined in the motion. Signed by Judge Dee D Drell on 11/02/2009. (crt,Leleux, M) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

70

RESPONSE to Motion re 68 MOTION filed by USA. (aty,Taylor, Lisa) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

71

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 11/18/2009. (crt,Leleux, M) (Entered: 11/19/2009)

Nov. 18, 2009

Nov. 18, 2009

72

MINUTE ENTRY: Mr. Riddle shall initiate a TELEPHONE CONFERENCE to begin at 2:00 p.m. on November 30, 2009. Signed by Judge Dee D Drell on 11/24/09. (crt,Harrison, U) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

74

MINUTE ENTRY: An in−person Status Conference is set for 1/27/2010 10:00 AM in Alexandria before Judge Dee D Drell. All school board members must attend. Signed by Judge Dee D Drell on 11/30/2009. (crt,Leleux, M) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

76

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 1/27/2010. (crt,Leleux, M) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

77

RESPONSE in Opposition by Allen Holmes re 71 Status Conference addressing the desegregation of the Avoyelles Parish School District, requesting Dr Gordon examine the position of High School Dean. (Attachments: # 1 Exhibits)(crt,Alexander, E) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

78

PROPOSED ORDER/JUDGMENT by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified to more accurately identify pleading is not a motion on 1/28/2010. (Alexander, E) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

NOTICE of Corrective Action to Charles A Riddle on behalf of School Board of Avoyelles Parish regarding 78 PROPOSED ORDER/JUDGMENT. Action taken: Modified text of entry to reflect pleading filed is not a motion. (crt,Alexander, E) (Entered: 01/28/2010)

Jan. 27, 2010

Jan. 27, 2010

79

MINUTE ENTRY: An in−person Status Conference is set for 5/27/2010 09:30 AM in Alexandria 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 01/27/2010. (crt,Leleux, M) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

80

ORDER in reference to issues discussed at the 1/27/10 status conference. Signed by Judge Dee D Drell on 01/29/2010. (crt,Leleux, M) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

81

MINUTE ENTRY: Secondary to conflicts with the Court's criminal docket, the in person Status Conference is RESCHEDULED for 6/4/2010 10:00 AM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 02/04/2010. (crt,Leleux, M) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

82

MOTION to Approve Spending Procedure by School Board of Avoyelles Parish. (Attachments: # 1 Proposed District Spending Resolution, # 2 Proposed Procedure for Spending, # 3 Proposed Spending Proposal, # 4 Proposed Order)(aty,Riddle, Charles) Modified on 4/30/2010 to reflect submission is deficient. (Alexander, E) Added MOTION for Hearing on 4/30/2010. (Alexander, E) Modified on 5/3/2010 to remove deficiency status. See 84 Corrective Document. (Alexander, E) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

83

NOTICE of Deficiency to Charles A Riddle on behalf of School Board of Avoyelles Parish regarding 82 DEFICIENT ? MOTION to Approve Spending Procedure MOTION for Hearing. Reason: This document is not accompanied by a certificate of service as required by Fed.R.Civ.P. 5(d). (crt,Alexander, E) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

84

CORRECTIVE DOCUMENT entitled Certificate of Service filed by School Board of Avoyelles Parish re 82 MOTION to Approve Spending Procedure MOTION for Hearing. (aty,Riddle, Charles) Modified to more accurately identify pleading on 5/3/2010. (Alexander, E) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

86

MINUTES for proceedings held before Judge Dee D Drell: Status Conference and Motion Hearing held on 6/4/2010 re 82 Motion to Approve Spending Procedure.(Court Reporter: Myra Primeaux) (crt,Leleux, M) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

87

EXHIBIT LIST of exhibits admitted during motion hearing on 6/4/10.(crt,Leleux, M) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

88

ORDER: An in−person Status Conference is set for 1/7/2011 01:00 PM in Alexandria 2nd floor before Judge Dee D Drell. No less than 30 days prior to this date APSB will make a full presentation to the Court regarding its past efforts and future plans to achieve compliance with the mandates of Singleton. Signed by Judge Dee D Drell on 06/21/2010. (crt,Leleux, M) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

89

RULING AND ORDER granting in part and denying in part 82 Motion to Approve Policy, Expend Funds and Request for Order. ORDERED ALSO that all new capital expenditures not provided for in the Board's previously adopted budget are hereby frozen until the Board Member Screening Committee is formed and made fully operational. The Court expects a written report on progress in this regard by 8/1/2010. Signed by Judge Dee D Drell on 06/21/2010. (crt,Leleux, M) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

90

MOTION for Miscellaneous Relief by School Board of Avoyelles Parish. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(aty,Riddle, Charles) Modified text and to reflect Proposed Order filed within pdf of Main Document on 8/2/2010. (Alexander, E) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

91

ORDER re 90 Motion for Miscellaneous Relief. The USA is ordered to file its objection, if any, before 8/15/2010 to any of the expenditures listed in Exhibit A. Signed by Judge Dee D Drell on 8/3/2010. (crt,Alexander, E) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

Set Deadlines: Compliance Deadline set for 8/15/2010. (crt,Alexander, E) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

92

MOTION to Rescind Previous Order by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(aty,Riddle, Charles) Modified text on 8/4/2010. (Alexander, E) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

93

NOTICE of Motion Setting without oral argument regarding 92 MOTION to Rescind Previous Order. Motion day set for 9/17/2010 before Judge Dee D Drell. (crt,Alexander, E) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

94

MOTION for Extension of Time to File Response/Reply as to 90 Motion for Miscellaneous Relief with consent sought but not obtained by USA. (Attachments: # 1 Text of proposed order)(aty,Taylor, Lisa) Modified document linkage on 8/12/2010. (Alexander, E) (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

95

ORDER granting 94 Motion for Extension of Time to File Response re 90 Motion for Miscellaneous Relief. Response due by 8/20/2010. Signed by Judge Dee D Drell on 08/11/2010. (crt,Leleux, M) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

Case Details

State / Territory: Louisiana

Case Type(s):

School Desegregation

Key Dates

Filing Date: March 2, 1967

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States and, later, private plaintiff intervenor

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Avoyelles Parish, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Busing

Discrimination Prohibition

Preliminary relief granted

Recordkeeping

Reporting

Student assignment

Issues

General:

Disparate Treatment

Education

School/University Facilities

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run