Case: Banks v. Claiborne Parish School Board

5:65-cv-11304 | U.S. District Court for the Western District of Louisiana

Filed Date: Aug. 8, 1965

Clearinghouse coding complete

Case Summary

On August 8, 1965, the plaintiffs, African-American school children by and through their parents, brought this class action school desegregation case in the U.S. District Court for the Western District of Louisiana. They sued the defendant Claiborne Parish School Board to enjoin the operation of a de jure segregated school system, with Judge Ben Dawkins presiding. Initially, the Board pursued a freedom-of-choice approach to desegregation. The Fifth Circuit at first approved the use of freedom o…

On August 8, 1965, the plaintiffs, African-American school children by and through their parents, brought this class action school desegregation case in the U.S. District Court for the Western District of Louisiana. They sued the defendant Claiborne Parish School Board to enjoin the operation of a de jure segregated school system, with Judge Ben Dawkins presiding.

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 Claiborne 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 Claiborne Parish).

The district court (Judge Ben Dawkins) subsequently approved the Board's desegregation plan -- only to have it reversed by the Fifth Circuit, which cited its woeful inadequacy. Banks v. Claiborne, 425 F.2d 1040 (5th Cir. Apr. 15, 1970). The Fifth Circuit ordered the Board to implement the more rigorous plan that had been proposed by the United States Department of Health, Education and Welfare.

The back and forth continued in the early 1970s, with the district court working with the parties on various desegregation plans and modifications.

From the 1980s onward, the Board filed its annual progress reports without interference from the district court.

On July 3, 2014, the district court (Judge Maurice Hicks) declared the school district unitary, ending nearly 50 years of court supervision.

Available Opinions

Adams v. Matthews, 403 F.2d 181 (5th Cir. Aug. 20, 1968) (consolidated appeals, directing district courts, including in the Claiborne case, to determine whether desegregation plan was adequate)

Conley v. Lake Charles School Bard, 293 F.Supp. 84 (W.D. La. Nov. 14, 1968) (en banc) (approving freedom-of-choice plans in Western District cases as workable and realistic)

Hall v. St. Helena Parish School Board, 417 F.2d 801 (5th Cir. May 28, 1969) (consolidated appeals, including of Claiborne decision, concluding freedom-of-choice plans to be constitutionally inadequate)

Conley v. Lake Charles School Bard, 303 F.Supp. 394 (W.D. La. June 5, 1969) (consolidated case, including Claiborne, ordering the Board to submit a new desegregation plan)

Banks v. Claiborne Parish School Board, 425 F2d 1040 (5th Cir. Apr. 15, 1970)

Banks v. Claiborne Parish School Board, 431 F.2d 951 (5th Cir. Aug. 21, 1970) (per curiam)

Summary Authors

Greg Margolis (2/26/2017)

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 attorneys, see: https://www.courtlistener.com/docket/31339566/parties/banks-v-claiborne-parish/


Judge(s)

Brown, John Robert (Louisiana)

Cabot, Ted (Florida)

Dawkins, Benjamin Cornwell Jr. (Louisiana)

Dyer, David William (Georgia)

Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Clay, Kelly N. (Louisiana)

Documents in the Clearinghouse

Documents in this case

5:65-cv-11304

Docket

June 19, 2006

June 19, 2006

Docket

5:65-cv-11304

Docket

Banks v. Claiborne Parish

June 14, 2014

June 14, 2014

Docket

68-26541

68-26544

68-26542

[Order]

Adams v. Mathews

U.S. Court of Appeals for the Fifth Circuit

Aug. 20, 1968

Aug. 20, 1968

Order/Opinion

403 F.2d 181

12924

09981

[Order]

Conley v. Lake Charles School Board

Nov. 14, 1968

Nov. 14, 1968

Order/Opinion

293 F.Supp. 84

69-26450

69-27391

[Order]

Hall v. St. Helena Parish School Board

U.S. Court of Appeals for the Fifth Circuit

May 28, 1969

May 28, 1969

Order/Opinion

417 F.2d 801

09981

14516

[Order]

Conley v. Lake Charles School Board

June 5, 1969

June 5, 1969

Order/Opinion

303 F.Supp. 394

70-29192

[Order]

U.S. Court of Appeals for the Fifth Circuit

April 15, 1970

April 15, 1970

Order/Opinion

425 F.2d 1040

70-30236

[Order]

U.S. Court of Appeals for the Fifth Circuit

Aug. 21, 1970

Aug. 21, 1970

Order/Opinion

431 F.2d 951

24

5:65-cv-11304

Status Report

US vs. Claiborne Parish School Board

Oct. 23, 2012

Oct. 23, 2012

Monitor/Expert/Receiver Report
24-4

5:65-cv-11304

Exhibits

US vs. Claiborne Parish School Board

Oct. 23, 2012

Oct. 23, 2012

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/31339566/banks-v-claiborne-parish/

Last updated Sept. 18, 2026, 1:42 a.m.

Docket for: Banks v. Claiborne Parish
ECF Number Date Description Link
1 June 19, 2006

PAPER DOCKET SHEET of filings through 6/19/2006. (crt,Yocum, M) (Entered: 06/19/2006)

RECAP
2 Sept. 20, 2006

ANNUAL REPORT (crt,Wormser, C) (Entered: 09/21/2006)

RECAP
3 Sept. 24, 2007

ANNUAL REPORT by School Board of Claiborne Parish. (crt,Brown, A) (Entered: 09/25/2007)

RECAP
4 March 28, 2008

MOTION for ROBERT L. HAMMONDS & JON K. GUICE to Enroll as Counsel by School Board of Claiborne Parish. Motions referred to Mark L Hornsby. (aty,Hammonds, Robert) Modified on 3/31/2008 to reflect order included within pdf of main document (Reasor, M). (Entered: 03/28/2008)

RECAP
5 April 3, 2008

ORDER granting 4 Motion to Enroll as Counsel. Added as counsel Jon Keith Guice and Robert L Hammonds for School Board of Claiborne Parish. Signed by Magistrate Judge Mark L Hornsby on 4/3/2008. (crt,Reasor, M) (Entered: 04/04/2008)

RECAP
6 April 11, 2008

MOTION to Substitute Attorney Janice E. Hebert and Iris Goldschmidt in place of Donald W. Washington by U S A. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,Hebert, Janice) (Entered: 04/11/2008)

RECAP
8 April 15, 2008

ORDER granting 6 Motion to Substitute Attorney. Attorney Janice E Hebert and Iris Goldschmidt added. Attorney Donald W Washington terminated. Signed by Magistrate Judge Mark L Hornsby on 4/15/2008. (crt,Keifer, K) (Entered: 04/17/2008)

RECAP
7 April 16, 2008

MOTION to Alter Judgment for Authorization to Close Pineview School and Change Remaining School Attendance Zones by School Board of Claiborne Parish. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Memorandum / Brief, # 6 Text of proposed order(aty,Hammonds, Robert) Modified on 4/18/2008 to edit text (Keifer, K). (Entered: 04/16/2008)

RECAP
9 April 30, 2008

ORDER granting 7 Motion to Alter Judgment. Beginning with the 2008-2009 school year, Pineview School shall be closed and the students who would have attended that school shall be reassigned to the schools in Homer and Summerfield in accordance with this Order. Signed by Judge S Maurice Hicks on 4/30/2008. (crt,Keifer, K) (Entered: 04/30/2008)

RECAP
10 Sept. 30, 2008

ANNUAL REPORT by School Board of Claiborne Parish. (crt,Keifer, K) (Entered: 09/30/2008)

RECAP
11 June 10, 2009

DEFICIENT Joint MOTION for Approval of Agreed Order of Modification by School Board of Claiborne Parish, USA. Motions referred to Mark L Hornsby. (Attachments: # 1 Agreed Order of Modification, # 2 Exhibits, # 3 Exhibits)(aty,Hammonds, Robert) Modified on 6/11/2009 to reflect deficient status (Keifer, K). Modified on 6/11/2009 to remove ?; motion refiled in its entirety as 13 (Keifer, K). (Entered: 06/10/2009)

RECAP
12 June 11, 2009

NOTICE of Deficiency to Robert L Hammonds on behalf of School Board of Claiborne Parish, USA regarding 11 Joint Motion for Approval of Agreed Order of Modification. Reason: This document is not accompanied by a certificate of service. (crt,Keifer, K) (Entered: 06/11/2009)

RECAP
13 June 11, 2009

Joint MOTION for Approval of Agreed Order of Modification by School Board of Claiborne Parish, USA. Motions referred to Mark L Hornsby. (Attachments: # 1 Proposed Agreed Order of Modification, # 2 Exhibits, # 3 Exhibits)(aty,Hammonds, Robert) Modified on 6/11/2009 to edit text (Keifer, K). (Entered: 06/11/2009)

RECAP
June 11, 2009

Motions Transferred regarding 13 Joint MOTION for Approval of Agreed Order of Modification. Motions referred to S Maurice Hicks. (crt,Keifer, K)

14 June 30, 2009

**VACATED AND LIFTED** AGREED ORDER OF MODIFICATION granting 13 Motion for Approval of Agreed Order of Modification. Signed by Judge S Maurice Hicks on 6/30/2009. (crt,Keifer, K) Modified on 6/4/2014 to reflect order as vacated and lifted per 34 Judgment. (Putch, A) (Entered: 06/30/2009)

RECAP
15 Sept. 8, 2009

Joint MOTION for Modification of Agreed Order re 14 Agreed Order of Modification by School Board of Claiborne Parish, USA. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,Hammonds, Robert) Modified on 9/8/2009 to edit text (Keifer, K). (Entered: 09/08/2009)

RECAP
Sept. 8, 2009

Motions Transferred regarding 15 Joint MOTION for Modification of Agreed Order re 14 Agreed Order. Motions referred to S Maurice Hicks. (crt,Keifer, K)

16 Sept. 9, 2009

**VACATED AND LIFTED** ORDER granting 15 Motion for Modification of Agreed Order. Signed by Judge S Maurice Hicks on 9/9/2009. (crt,Keifer, K) Modified on 6/4/2014 to reflect pleading as vacated and lifted per 34 Judgment. (Putch, A) (Entered: 09/09/2009)

RECAP
17 Sept. 29, 2009

ANNUAL REPORT by School Board of Claiborne Parish as required by Order dated 6/22/1970 re 14 Agreed Order of Modification. (Attachments: # 1 Exhibit - Part 1, # 2 Exhibit - Part 2, # 3 Exhibit - Part 3, # 4 Notice of manual attachment)(crt,Keifer, K) (Entered: 09/29/2009)

RECAP
18 Sept. 30, 2010

ANNUAL STATUS REPORT by School Board of Claiborne Parish. (Attachments: # 1 Exhibits A-B, # 2 Exhibits C-E, # 3 Exhibit F, # 4 Exhibits G-K)(aty,Hammonds, Robert) Modified on 10/1/2010 to edit text (Smith, C). (Entered: 09/30/2010)

RECAP
19 Oct. 26, 2011

STATUS REPORT -Annual October Report by School Board of Claiborne Parish. (Attachments: # 1 Exhibits A-B, # 2 Exhibit C, # 3 Exhibits D-J, # 4 Exhibit K)(aty,Hammonds, Robert) (Entered: 10/26/2011)

RECAP
20 April 30, 2012

MOTION to Substitute Attorney Katherine W. Vincent in place of Janice E. Hebert by USA. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,Hebert, Janice) (Entered: 04/30/2012)

RECAP
21 May 2, 2012

ORDER granting 20 Motion to Substitute Attorney Katherine W. Vincent in place of Janice E. Hebert by USA. Attorney Janice E Hebert terminated. Signed by Magistrate Judge Mark L Hornsby on 5/2/2012. (crt,Putch, A) (Entered: 05/03/2012)

RECAP
22 July 19, 2012

Unopposed MOTION for Authorization to Close Athens High School by School Board of Claiborne Parish. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,Hammonds, Robert) (Entered: 07/19/2012)

RECAP
July 19, 2012

Motions Transferred regarding 22 Unopposed MOTION for Authorization to Close Athens High School. Motions referred to S Maurice Hicks. (crt,Whidden, C)

23 July 24, 2012

ORDER granting 22 Unopposed Motion for Authorization to Close Athens High School and to reassign the affected students to the appropriate schools in the Homer attendance zone effective school year 2012-2013. Signed by Judge S Maurice Hicks on 7/24/12. (crt,Whidden, C) (Entered: 07/25/2012)

RECAP
24 Oct. 23, 2012

STATUS REPORT by School Board of Claiborne Parish. (Attachments: # 1 Exhibits A-B, # 2 Exhibit C, # 3 Exhibit D-G, # 4 Exhibits H-J, # 5 Exhibit K)(aty,Hammonds, Robert) (Entered: 10/23/2012)

RECAP
25 May 7, 2014

MOTION for Declaration of Unitary Status, MOTION to Dismiss by School Board of Claiborne Parish. Motions referred to Mark L Hornsby. (Attachments: # 1 Exhibit 1, pt. A, # 2 Exhibit 1, pt. B, # 3 Exhibit 1, pt. C, # 4 Exhibits 2-3, # 5 Exhibits 5-7, # 6 Exhibits 8-9, # 7 Exhibits 10-13, # 8 Exhibit 14, # 9 Exhibit 15, pt. A, # 10 Exhibit 15, pt. B, # 11 Exhibit 15, pt. C, # 12 Exhibit 15, pt. D, # 13 Exhibit 15, pt. E, # 14 Exhibit 15, pt. F, # 15 Memorandum in Support, # 16 Table of Contents, # 17 Table of Authorities)(aty,Hammonds, Robert) Modified on 5/7/2014 to indicate Sealed Exhibit 4 filed as Doc 26 . (Putch, A) (Entered: 05/07/2014)

RECAP
26 May 7, 2014

SEALED DOCUMENT: Exhibit 4 - Under Seal by School Board of Claiborne Parish re 25 MOTION for Declaration of Unitary Status MOTION to Dismiss. (aty,Hammonds, Robert) (Entered: 05/07/2014)

RECAP
27 May 7, 2014

NOTICE of Motion Setting regarding 25 MOTION for Declaration of Unitary Status, MOTION to Dismiss. Motions referred to S Maurice Hicks. (crt,Putch, A) (Entered: 05/07/2014)

RECAP
28 May 20, 2014

MOTION for Leave to File Motion to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parishwith certificate of service by Northeast Claiborne Charter School, Inc. Motions referred to Mark L Hornsby. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Affidavit, # 4 Affidavit of understanding, # 5 Proposed Exhibit A, # 6 Proposed Exhibit B, # 7 Rule 2.08 Certificate, # 8 Proposed Order, # 9 Proposed Pleading Memorandum, # 10 Affidavit, # 11 Affidavit, # 12 Proposed Exhibit A, # 13 Proposed Exhibit B, # 14 Proposed Exhibit C, # 15 Proposed Exhibit D, # 16 Proposed Exhibit E, # 17 Proposed Exhibit F, # 18 Proposed Exhibit G, # 19 Proposed Exhibit H, # 20 Proposed Exhibit I, # 21 Proposed Exhibit J, # 22 Proposed Exhibit K, # 23 Proposed Exhibit L, # 24 Proposed Exhibit M)(Attorney Wendy E W Giovingo added to party Northeast Claiborne Charter School, Inc.(pty:mov))(aty,Giovingo, Wendy) Modified on 5/21/2014 to edit text. (Putch, A) Modified on 5/23/2014 to more accurately identify the pleading submitted. (Putch, A) (Entered: 05/20/2014)

RECAP
29 May 22, 2014

ORDER: Considering the foregoing 28 Motion for Leave to File Motion to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parish: IT IS ORDERED that said Motion is hereby GRANTED and Northeast Claiborne Charter School is hereby granted leave to file its Motion to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parish. Signed by Judge S Maurice Hicks on 5/22/2014. (crt,Putch, A) Modified on 5/23/2014 to edit text. (Putch, A) (Entered: 05/23/2014)

RECAP
30 May 22, 2014

MOTION to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parish by Northeast Claiborne Charter School Inc. Motions referred to Mark L Hornsby. (Attachments: # 1 Motion Exhibit-Affidavit of Alvin Kelly, # 2 Motion Exhibit-Affidavit of Jeff Mason, # 3 Motion Exhibit A, # 4 Motion Exhibit B, # 5 Rule 2.08 Certificate, # 6 Memorandum / Brief, # 7 Memorandum Exhibit-Affidavit of Alvin Kelly, # 8 Memorandum Exhibit-Affidavit of Jeff Mason, # 9 Memorandum Exhibit A, # 10 Memorandum Exhibit B, # 11 Memorandum Exhibit C, # 12 Memorandum Exhibit D, # 13 Memorandum Exhibit E, # 14 Memorandum Exhibit F, # 15 Memorandum Exhibit G, # 16 Memorandum Exhibit H, # 17 Memorandum Exhibit I, # 18 Memorandum Exhibit J, # 19 Memorandum Exhibit K, # 20 Memorandum Exhibit L, # 21 Memorandum Exhibit M, # 22 Proposed Order)(crt,Putch, A) (Entered: 05/23/2014)

RECAP
31 May 23, 2014

NOTICE of Motion Setting regarding 30 MOTION to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parish. Motions referred to S Maurice Hicks. (crt,Putch, A) (Entered: 05/23/2014)

RECAP
32 May 28, 2014

RESPONSE to Motion re 25 MOTION for Declaration of Unitary Status MOTION to Dismiss filed by School Board of Claiborne Parish. (aty,Vincent, Katherine) (Entered: 05/28/2014)

RECAP
33 June 3, 2014

MEMORANDUM ORDER: Before the Court is 30 Motion to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parish. Such authorization is, however, subject to this Courts approval because Claiborne Parish is under a Desegregation Order. Simultaneously with the instant Memorandum Order, this Court will enter a Judgment granting the 25 Motion for Declaration of Unitary Status and to Dismiss. Accordingly, IT IS ORDERED that the 30 Motion to Intervene and Motion for Authorization to Operate a Charter School in Claiborne Parish be and is hereby DENIED AS MOOT, as the NECC will no longer need this Courts approval to operate a charter school in Claiborne Parish. Signed by Judge S Maurice Hicks on 06/03/2014. (crt,McDonnell, D) Modified on 6/4/2014 to edit text. (Putch, A) (Entered: 06/04/2014)

RECAP
34 June 3, 2014

JUDGMENT: Before the Court is a 25 Motion for Declaration of Unitary Status and to Dismiss filed by Claiborne Parish School Board. The Plaintiff-Intervenor U S A filed a response, stating it does not oppose the motion. After a review of the motion and the memorandum and exhibits in support thereof, the Court finds that the School Board has fulfilled the requirements in Green v. County School Board of New Kent County, Virginia, et al. The School Board, having acted in accordance with the orders of this Court and in compliance with applicable legal principles, has eliminated the vestiges of past discrimination; further supervision by this Court is no longer warranted. Therefore, IT IS ORDERED, ADJUDGED, AND DECREED the 25 Motion for Declaration of Unitary Status and to Dismiss be and is hereby GRANTED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all previous injunctions and orders granted by this Court are hereby VACATED AND LIFTED. This Courts supervision over Claiborne Parish Public Schools and Claiborne Parish School Board is hereby terminated. Signed by Judge S Maurice Hicks on 6/3/2014. (crt,Putch, A) (Entered: 06/04/2014)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

School Desegregation

Key Dates

Filing Date: Aug. 8, 1965

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American school children by and through their parents; United States as intervenor

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School District

Claiborne Parish

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

Western District of Louisiana 5:65-cv-11304

U.S. Court of Appeals for the Fifth Circuit 68-26541

U.S. Court of Appeals for the Fifth Circuit 68-26544

U.S. Court of Appeals for the Fifth Circuit 68-26542

Western District of Louisiana 12924

U.S. Court of Appeals for the Fifth Circuit 69-26450

U.S. Court of Appeals for the Fifth Circuit 69-27391

Western District of Louisiana 09981

Western District of Louisiana 14516

U.S. Court of Appeals for the Fifth Circuit 70-29192

U.S. Court of Appeals for the Fifth Circuit 70-30236

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Busing

Discrimination Prohibition

Monitoring

Preliminary relief granted

Recordkeeping

Reporting

Student assignment

Order Duration: 1965 - 2014

Issues

General/Misc.:

Education

Racial segregation

School/University Facilities

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation