Case: Franklin v. Barbour County Board of Education

2:66-cv-02458 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 12, 1966

Case Ongoing

Clearinghouse coding complete

Case Summary

On 9/12/1966, the plaintiffs brought this desegregation lawsuit in the U.S. District Court for the Middle District of Alabama. The plaintiffs, African-American minor school children, by and through their parents, sued the defendant Barbour County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg (for the NAACP Legal Defense Fund). The plaintiffs requested admission to various schools in the district pursuant to a "fr…

On 9/12/1966, the plaintiffs brought this desegregation lawsuit in the U.S. District Court for the Middle District of Alabama. The plaintiffs, African-American minor school children, by and through their parents, sued the defendant Barbour County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg (for the NAACP Legal Defense Fund).

The plaintiffs requested admission to various schools in the district pursuant to a "freedom of choice" plan that the Board was operating. In 1965, the Board conceded that its school system violated the Constitution; it adopted the choice plan as part of its efforts to desegregate the school system beginning in the 1965-66 school year. The plaintiffs applied for admission to various schools for the 1966-67 school year but were denied because, according to the Board, their choices weren't "practical" given that school bus transportation -- which had been set up during the years that the district had operated in a segregated fashion -- was allegedly not available from the plaintiffs' homes. The court (Judge Frank Johnson) rejected the Board's arguments that it could not grant admission because of the transportation issue. In an order for preliminary injunction, he ordered the Board to revise its bus transportation system to accommodate all students' requests. He also ordered the Board to admit the plaintiffs in this case to their schools of choice and to provide them with transportation. Judge Johnson also laid the contours of what he deemed an appropriate school choice plan for the Board to implement, ordering that it begin with the fall 1967 term and apply to all grades in Barbour County, which, he ordered, must be desegregated. 259 F.Supp. 545 (M.D. Ala. Sept. 22, 1966).

On July 10, 1970, the district court approved a new desegregation plan, which stayed largely unchanged until the mid-1990s. At that point, the parties reviewed the Board's progress in desegregating and negotiated a new consent decree, approved on September 8, 1997. In that decree, the court found that the Board had achieved unitary status in facilities but not in any other area.

On September 8, 1997, the district court (Judge William Albritton) entered a new consent decree to govern the Board's desegregation efforts.

In 2000, the district court approved the consolidation of the high schools in Barbour County, and in 2004 it approved the consolidation and reorganization of the district's lower schools.

By the late 2000s, the lawsuit reached its conclusion. In 2007, the parties negotiated another consent decree, their last, which the court subsequently approved. At the end of that decree, in 2011, no party moved for an extension of the court's jurisdiction. And on April 18, 2013, the court declared that the Board had met the requirements for a declaration of unitary status and dismissed the case.

Available Opinions

Franklin v. Barbour County Board of Education, 259 F.Supp. 545 (M.D. Ala. Sept. 22, 1966)

Summary Authors

Greg Margolis (2/23/2017)

Virginia Weeks (11/3/2017)

People


Judge(s)

Albritton, William Harold III (Alabama)

Coody, Charles S. (Alabama)

Hobbs, Truman McGill (Alabama)

Johnson, Frank Minis Jr. (Alabama)

Varner, Robert Edward (Alabama)

Attorneys(s) for Plaintiff

Bell, John C. (Alabama)

Gray, Fred David Jr. (Alabama)

Greenberg, Jack (New York)

Jones, Charles H. Jr. (New York)

Sapp, Ernestine (Alabama)

Judge(s)

Albritton, William Harold III (Alabama)

Coody, Charles S. (Alabama)

Hobbs, Truman McGill (Alabama)

Johnson, Frank Minis Jr. (Alabama)

Varner, Robert Edward (Alabama)

Attorneys(s) for Plaintiff

Bell, John C. (Alabama)

Gray, Fred David Jr. (Alabama)

Greenberg, Jack (New York)

Jones, Charles H. Jr. (New York)

Sapp, Ernestine (Alabama)

Seay, Solomon S. Jr. (Alabama)

Attorneys(s) for Defendant

Gordon, Daniel Scott (District of Columbia)

Marsh, Marion Dale (Alabama)

Stewart, Chad Edward (Alabama)

Thagard, Thomas W. Jr. (Alabama)

Walker, Jordan Dorman (Alabama)

Other Attorney(s)

Anderson, James Harold (Alabama)

Awad, Christopher S. (District of Columbia)

Berman, Amy I. (District of Columbia)

Canary, Leura Garrett (Alabama)

Dubois, James J. (Alabama)

Evans, Lisa (District of Columbia)

Marshall, Franz (District of Columbia)

Michaud, Melissa Julia (District of Columbia)

Miller, Pauline A. (District of Columbia)

Patty, William Franklin (Alabama)

Pinzler, Isabelle Katz (District of Columbia)

Pitt, Charles Redding (Alabama)

Schnedier, George (District of Columbia)

Taylor, Lisa M. (District of Columbia)

Vines, Kenneth E. (Alabama)

Documents in the Clearinghouse

Document

2:66-cv-02458

Docket [paper, pre-PACER]

Aug. 22, 1995

Aug. 22, 1995

Docket

2:66-cv-02458

Docket [PACER]

April 18, 2013

April 18, 2013

Docket

2:66-cv-02458

Opinion

259 F.Supp. 545

Sept. 22, 1966

Sept. 22, 1966

Order/Opinion
174

2:66-cv-02458

Memorandum Opinion and Order

Franklin v. Barbour Board of Education

Aug. 14, 2000

Aug. 14, 2000

Order/Opinion
181

2:66-cv-02458

Memorandum Opinion and Order

Sept. 8, 2000

Sept. 8, 2000

Order/Opinion
223

2:61-cv-02458

Consent Order

May 10, 2007

May 10, 2007

Order/Opinion
267

2:66-cv-00245

Agreed Order of Unitary Status and Dismissal

Franklin v. Barbour Board of Education

April 18, 2013

April 18, 2013

Order/Opinion
267

2:66-cv-02458

AGREED ORDER OF UNITARY STATUS AND DISMISSAL

April 18, 2013

April 18, 2013

Order/Opinion

Resources

Docket

Last updated May 29, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link

SKELETON CASE − LIVE DOCKET ENTRIES BEGIN AS OF 8/30/95. (dkt clerk) (Entered: 08/30/1995)

Sept. 12, 1966

Sept. 12, 1966

125

MOTION by Barbour Board of Ed. for status conference (w/attachments), referred to Judge W. H. Albritton III (dkt clerk) (Entered: 08/30/1995)

Aug. 14, 1995

Aug. 14, 1995

127

ORDER terminating [125−1] motion for status conference, set Status Conference 3:00 9/8/95 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL and MT. (dkt clerk) (Entered: 08/30/1995)

Aug. 23, 1995

Aug. 23, 1995

128

ORDER, that by 9/25/95, the plaintiffs and the USA shall serve upon the defendants a request for information; that by 12/4/95, the defendants shall file responses to these requests; set Preliminary In Chambers Mediation Conference for 2:00 2/1/96 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to MT and CA. (dkt clerk) (Entered: 09/12/1995)

Sept. 12, 1995

Sept. 12, 1995

129

ORDER enjoining the Barbour County Board of Education to maintain for the 1995−96 school year only the Board's present policies governing which school each of the Board's students may attend, ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dkt clerk) (Entered: 09/22/1995)

Sept. 22, 1995

Sept. 22, 1995

130

ORDER, reset In Chambers (Mediation) Conference for 9:00 3/29/96 that by 3/26/96 each party shall provide the undersigned judge with a confidential mediation conference statement ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to Ace, MT. (war) (Entered: 01/31/1996)

Jan. 31, 1996

Jan. 31, 1996

131

ORDER, reset Settlement (Preliminary Mediation) Conference for 9:00 4/23/96 ; that each party shall provide the undersigned judge with a confidential mediation conference statement by 4/l9/96 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 03/13/1996)

March 13, 1996

March 13, 1996

Settlement Conference held before Mag. Judge Charles S. Coody on 4/23/96 (war) (Entered: 04/24/1996)

April 23, 1996

April 23, 1996

132

ORDER that the defendant shall provide to the court and opposing counsel a draft of a suggested interim plan as discussed during the mediation conference held on 4/23/96 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel. (war) (Entered: 04/24/1996)

April 24, 1996

April 24, 1996

133

MOTION by Barbour Board of Ed. to renew mediation referred to Mag. Judge Charles S. Coody (dkt clerk) (Entered: 07/05/1996)

July 3, 1996

July 3, 1996

134

ORDER, set (Mediation) Settlement Conference for 9:00 12/19/96 in chambers; that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference; that members of the Barbour County Board of Education personally appear for the mediation conference ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 11/21/1996)

Nov. 21, 1996

Nov. 21, 1996

135

ORDER, reset Settlement (Mediation) Conference for 9:30 1/23/97 in chambers; that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference; that members of the Barbour County Board of Education to personally appear for the mediation conference ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 12/05/1996)

Dec. 5, 1996

Dec. 5, 1996

136

ORDER that by 2/l3/97, the defendants shall submit to counsel for the opposing parties a proposed final consent decree; that by 3/6/97, the opposing parties shall file a response which sets forth in detail their agreement with or opposition to provisions of the proposed final consent decree , set Telephone Conference for 1:45 3/7/97 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 01/24/1997)

Jan. 24, 1997

Jan. 24, 1997

137

Plaintiffs' Response to Proposed Consent Decree, referred to Magistrate Judge Coody. (war) (Entered: 03/07/1997)

March 6, 1997

March 6, 1997

138

ORDER denying as moot [133−1] motion to renew mediation unless within ten days from the date of this order the movant requests the court to reconsider ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel. (war) (Entered: 06/17/1997)

June 17, 1997

June 17, 1997

139

NOTICE of Filing Proposed Consent Decree by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr., Barbour Board of Ed., Thomas M. Snead, Alfred A. Grant, Edward T. Griffin, Alto Laftin Jackson, George Shipman, William A. Edson, USA, referred to Judge Albritton (war) (Entered: 07/29/1997)

July 28, 1997

July 28, 1997

140

MOTION by Barbour Board of Ed. to substitute version of proposed consent decree (w/attachment) referred to Mag. Judge Charles S. Coody (war) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

Stamped ORDER granting [140−1] motion to substitute version of proposed consent decree ( by Mag. Judge Charles S. Coody ) , copies mailed to counsel. (war) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

141

CONSENT DECREE that furthers the orderly desegration of the District and brings about the creation of a completely unitary school system and to end judicial supervision of the District ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 09/08/1997)

Sept. 8, 1997

Sept. 8, 1997

Case closed (war) (Entered: 09/08/1997)

Sept. 8, 1997

Sept. 8, 1997

142

MOTION by Barbour Board of Ed. to continue Reporting Deadline by Sixteen Days referred to Judge W. H. Albritton III (war) (Entered: 10/16/1997)

Oct. 15, 1997

Oct. 15, 1997

143

MOTION by Barbour Board of Ed. to continue deadline for attendance zones referred to Judge W. H. Albritton III (war) (Entered: 10/16/1997)

Oct. 15, 1997

Oct. 15, 1997

Stamped ORDER granting [142−1] motion to continue Reporting Deadline by Sixteen Days ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/16/1997)

Oct. 16, 1997

Oct. 16, 1997

Stamped ORDER granting [143−1] motion to continue deadline for attendance zones ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/16/1997)

Oct. 16, 1997

Oct. 16, 1997

144

MOTION by Barbour Board of Ed. to Extend Time 2 weeks for filing its annual report referred to Judge W. H. Albritton III (war) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

Stamped ORDER granting [144−1] motion to Extend Time 2 weeks for filing its annual report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/31/1997)

Oct. 31, 1997

Oct. 31, 1997

145

First Annual REPORT by Barbour Board of Ed. (Charts A(l−3), B (l−8), E (l−2), F (l−7), G , H, I, J, K(l−l2), L, N(l−7), O, and Q maintained in seperate binder), referred to Judge Albritton. (war) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

146

MOTION by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to Extend Time referred to Judge W. H. Albritton III (war) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

Stamped ORDER granting [146−1] motion to Extend Time 30 days to respond to Defendants' First Annual Report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 01/23/1998)

Jan. 23, 1998

Jan. 23, 1998

148

NOTICE of Attorney Appearance for Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. by Fred David Gray Jr. (war) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

149

NOTICE of Attorney Appearance for Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. by Fred D. Gray and Ernestine S. Sapp (djy) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

150

MOTION for Solomon S. Seay, Jr. to Withdraw as Attorney referred to Judge W. H. Albritton III (war) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

Stamped ORDER granting [150−1] motion for Solomon S. Seay, Jr. to Withdraw as Attorney (Terminated attorney Solomon S. Seay for Carlton Crawford, attorney Solomon S. Seay for Michael O'Neal Franklin, attorney Solomon S. Seay for Cynthia Marie Franklin, attorney Solomon S. Seay for Benjamin D. Franklin ( by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to USA. (war) (Entered: 08/17/1998)

Aug. 17, 1998

Aug. 17, 1998

151

MOTION by Barbour Board of Ed. to continue Filing of Annual Report referred to Judge W. H. Albritton III (war) (Entered: 10/29/1998)

Oct. 28, 1998

Oct. 28, 1998

Stamped ORDER granting [151−1] motion to continue Filing of Annual Report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/29/1998)

Oct. 29, 1998

Oct. 29, 1998

152

STATUS (SECOND ANNUAL) REPORT by Barbour Board of Ed. (Report maintained in seperate binder), referred to Judge Albritton. (war) (Entered: 12/28/1998)

Dec. 23, 1998

Dec. 23, 1998

153

ORDER, setting Status Conference 11:00 3/3/00 before Judge Charles S. Coody ; DIRECTING counsel for the school board to bring to the conference the members of the school board and superintendent ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC . (war) (Entered: 02/09/2000)

Feb. 9, 2000

Feb. 9, 2000

154

MOTION by Barbour Board of Ed. to continue Status Conference referred to Mag. Judge Charles S. Coody (war) (Entered: 03/06/2000)

March 2, 2000

March 2, 2000

155

THIRD ANNUAL STATUS REPORT by Barbour Board of Ed. (Exhibits A−Q attached), referred to Judge Albritton (war) Modified on 03/06/2000 (Entered: 03/06/2000)

March 3, 2000

March 3, 2000

156

ORDER granting [154−1] motion to continue Status Conference, resetting Status Conference 10:00 4/21/00 before Mag. Judge Charles S. Coody ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC . (war) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

157

ORDER, resetting Status Conference by telephone for 9:00 4/20/00 before Mag. Judge Charles S. Coody ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC. (war) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

158

ORDER setting Status Conference by telephone 1:30 5/30/00 before Mag. Judge Charles S. Coody ; that by 5/22/00, counsel for the defendant shall inform the court whether the defendant has or will make a response to the request for information ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC . (war) (Entered: 04/20/2000)

April 20, 2000

April 20, 2000

159

ORDER resetting Status Conference for 11:00 5/30/00 before Mag. Judge Charles S. Coody ; that the members of the Barbour County Board of Education and the Barbour County Superintendent of Education shall appear in person for this conference; DIRECTING the Clerk to fax order ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC. (war) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

Status Conference held before Mag. Judge Charles S. Coody on 5/30/00 (war) (Entered: 05/31/2000)

May 30, 2000

May 30, 2000

161

MOTION by Barbour Board of Ed. to Substitute the third annual report (Report maintained in separate binder), referred to Judge W. H. Albritton III (war) (Entered: 06/16/2000)

June 15, 2000

June 15, 2000

Stamped ORDER granting [161−1] motion to Substitute the third annual report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 06/19/2000)

June 19, 2000

June 19, 2000

162

MOTION to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville referred to Judge W. H. Albritton III (war) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

163

MOTION by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville to Show Cause Why Defendants, Barbour County Board of Education Should not be Held in Contempt , and to Require the Board of Education Not Close Louisville High School Until it has Properly Modified its Consent Order , referred to Judge W. H. Albritton III (war) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

164

ORDER motion hearing set for 2:00 8/10/00 before Judge W. H. Albritton III for [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL, YG, HC. (war) (Entered: 08/04/2000)

Aug. 4, 2000

Aug. 4, 2000

165

NOTICE of CONSOLIDATION of FACILITIES and CONDITIONAL MOTION by Barbour Board of Ed. for Approval of Collateral Effect on Attendance Zones referred to Judge W. H. Albritton III (war) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

166

MOTION by Barbour Board of Ed. to continue time for hearing one hour referred to Judge W. H. Albritton III (war) (Entered: 08/07/2000)

Aug. 7, 2000

Aug. 7, 2000

167

ORDER granting [166−1] motion to continue time for hearing one hour motion hearing reset for 3:00 8/10/00 before Judge W. H. Albritton III for [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville ( signed by Judge W. H. Albritton III ) , scan/faxed to counsel; furnished to YG, HC, EL. (war) (Entered: 08/07/2000)

Aug. 7, 2000

Aug. 7, 2000

168

AMENDMENT to MOTION to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville referring to: [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville, referred to Judge W. H. Albritton III (war) (Entered: 08/09/2000)

Aug. 9, 2000

Aug. 9, 2000

169

RESPONSE by USA to [165−1] motion for Approval of Collateral Effect on Attendance Zones by Barbour Board of Ed., referred to Judge W. H. Albritton III (war) (Entered: 08/09/2000)

Aug. 9, 2000

Aug. 9, 2000

170

RESPONSE by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to [165−1] motion for Approval of Collateral Effect on Attendance Zones by Barbour Board of Ed., referred to Judge W. H. Albritton III (war) (Entered: 08/10/2000)

Aug. 9, 2000

Aug. 9, 2000

171

RESPONSE by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville, referred to Judge W. H. Albritton III (war) (Entered: 08/10/2000)

Aug. 9, 2000

Aug. 9, 2000

172

MOTION by Barbour Board of Ed. to Deny Intervention (Exhibits A−B attached), referred to Judge W. H. Albritton III (war) (Entered: 08/11/2000)

Aug. 10, 2000

Aug. 10, 2000

173

MOTION by Barbour Board of Ed. to Substitute Affidavit (Original Affidavit of Jerry Glover attached), referred to Judge W. H. Albritton III (war) (Entered: 08/11/2000)

Aug. 10, 2000

Aug. 10, 2000

Motion hearing held re: [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville (war) (Entered: 08/14/2000)

Aug. 10, 2000

Aug. 10, 2000

175

ORDER that the parties file briefs and any evidence they may wish to file by 8/3l/00, outlining their positions with regard to the Defendant's Motion for Approval of Collateral Effect on Attendance Zones setting Brief deadline to 8/31/00 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (war) (Entered: 08/14/2000)

Aug. 14, 2000

Aug. 14, 2000

176

Courtroom Deputy's MINUTES of proceedings: Motion Hearing held on Motion to Intervene 8/l4/00 before Judge W. Harold Albritton (war) (Entered: 08/14/2000)

Aug. 14, 2000

Aug. 14, 2000

177

AMICUS CURIAE BRIEF by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville in opposition to the proposed closure of Louisville High School. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

178

BRIEF by USA in response to [175−2] order dated 8−14−2000. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

179

MEMORANDUM BRIEF by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. in response to [175−2] order entered 8−14−00. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

180

BRIEF by Barbour Board of Ed. on consolidation of high school facilities and attendance zones in response to [175−2] order entered 8−14−00. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

181

MEMORANDUM OPINION AND ORDER granting [173−1] motion to Substitute Affidavit, granting [165−1] motion for Approval of Collateral Effect on Attendance Zones ( signed by Judge W. H. Albritton III ), copies provided to counsel (war) (Entered: 09/08/2000)

Sept. 8, 2000

Sept. 8, 2000

182

MOTION by Barbour Board of Ed. to Substitute the Board's first, second, and third annual reports (Reports maintained in separate binder), referred to Mag. Judge Charles S. Coody (war) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

183

Stamped ORDER granting [182−1] motion to Substitute the Board's first, second, and third annual reports ( by Judge W. H. Albritton III ) , copies provided to counsel. (war) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

184

NOTICE by Barbour Board of Ed. of Filing FOURTH Annual Report AND Report for May−October 2000; referred to Judge Albritton (ajr) (Entered: 12/01/2000)

Nov. 29, 2000

Nov. 29, 2000

185

NOTICE of Filing Fifth Annual Consent Decree Report by Barbour Board of Ed.; [Consent Decree Report with Exhibits A, B, E − M, Q maintained in separate brown binder with file]. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

186

NOTICE (Annual report−3 volumes−contained in separate binder with file) of filing of sixth annual report by Barbour Board of Ed. Referred to Judge Albritton. (djy) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

187

NOTICE (Exhibit A attached) of possible student transfers by Barbour Board of Ed. Referred to Judge Albritton. (djy) Modified on 12/18/2002 (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

188

MOTION by Barbour Board of Ed. for Extension of Time for Annual Report ; referred to Judge W. H. Albritton III (dmn) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

190

MOTION by Barbour Board of Ed. for extension of time for filing Seventh Annual Report referred to Judge W. H. Albritton III (vmc) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

191

Stamped ORDER granting [190−1] motion for extension of time for filing Seventh Annual Report to and including 11/24/03 ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

192

NOTICE of Filing Seventh Annual Report by Barbour Board of Ed.; (Annual report−3 volumes−contained in separate binder with file); referred to Judge Albritton (vmc) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

193

MOTION by Barbour Board of Ed. to Amend the Consent Decree ; (w/Exhibit A attached) referred to Judge W. H. Albritton III (vmc) (Entered: 01/07/2004)

Jan. 6, 2004

Jan. 6, 2004

194

ORDER TO SHOW CAUSE as to why dft's motion to amend the consent decree should not be granted: Response to Order to Show Cause due on 1/23/04 for Nt'l Education Assoc, for Carlton Crawford Jr., for Michael O'Neal Franklin, for Cynthia Marie Franklin, for Benjamin D. Franklin set telephone Status Conference 10:00 1/27/04 before Mag. Judge Charles S. Coody ; USA shall set up said conference ( signed by Mag. Judge Charles S. Coody ) , copies provided to counsel; furn: yg hc ws. (vmc) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

195

Response by Barbour Board of Ed. to [194−2] Order to Show Cause ; referred to Mag. Judge Charles S. Coody (ag) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

196

Response by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to [194−2] Order to Show Cause ; referred to Mag. Judge Charles S. Coody (ag) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

197

Response by USA to [194−2] Order to Show Cause ; referred to Mag. Judge Charles S. Coody (ag) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

***Attorney Daniel Scott Gordon for United States of America added per response filed 1/26/2004 −NO PDF document attached to this entry See Docket Entry #197. (djy, ) (Entered: 10/28/2004)

Jan. 26, 2004

Jan. 26, 2004

Status Conference held before Mag. Judge Charles S. Coody on 1/27/04 (ag) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

198

Courtroom Deputy's MINUTES of proceedings: Status Conference held before Mag. Judge Coody on 1/27/04 re: Show Cause Order as to Defts Motion to Amend the Consent Decree ineffect to Consolidate the school in the system should not be granted Digital Recorded 10:00 to 10:07 (ag) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

199

ORDER setting Status Conference (set up by The United States by telephone) at 1:30 p.m. Central Time on 12/2/04 before Mag. Judge Charles S. Coody ( signed by Mag. Judge Charles S. Coody ) , copies provided to counsel, yg, hc, ws. (ag) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

200

ORDER granting [193−1] motion to Amend the Consent Decree ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (ag) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

201

MOTION for Extension of Deadline for filing eighth annual report by Barbour County Board of Education. (Walker, Dorman) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

202

STAMPED ORDER granting 201 Motion for Extension of Deadline . Signed by Judge W. Harold Albritton III on 9/28/04. (ag, ) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

Mail Returned as Undeliverable−copies of 9/28/04 orders. Mail sent to Lisa Evans (djy, ) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

203

MOTION for Extension of Time to File Eighth Annual Report by Barbour County Board of Education. (Walker, Dorman) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

204

ORDER granting 203 Motion for Extension of Time until 11/18/04 for the filing of Eighth Annual Report. Signed by Judge W. Harold Albritton III on 11/15/04. (cc, )

Nov. 15, 2004

Nov. 15, 2004

206

ORDER that the status conference be and is hereby Continued from 12/2/04 to 1/4/05 ; that the United States shall set up the conference call (Status Conference set for 1/4/2005 02:00 PM by telephone before Honorable Charles S. Coody). Signed by Judge Charles S. Coody on 12/2/04. (ag, ) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

207

MOTION for Hearing for Status Conference by Barbour County Board of Education. (Walker, Dorman) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

208

ORDER granting 207 MOTION for status conference; Telephone Conference set for 2/7/2005 09:30 AM before Honorable Charles S. Coody. Signed by Judge Charles S. Coody on 1/19/05. (furn: yg hc ws)(vmc, ) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

209

Minute Entry for proceedings held before Judge Charles S. Coody : Status Conference held on 2/7/2005. (Recording Time 9:28−9:35.) (djy, ) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

210

MOTION to Dismiss and To Be Declared Unitary by Barbour County Board of Education. (Walker, Dorman) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

211

ORDER Status Conference set for 4/28/2005 09:00 AM by telephone before Honorable Charles S. Coody; furnished to WS, Yg, HC Signed by Judge Charles S. Coody on 3/1/05. (ajr, ) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

212

Minute Entry for proceedings held before Judge Charles S. Coody : Status Conference held on 4/28/2005. (Recording Time 8 minutes.) (vmc, ) Additional attachment(s) added on 12/20/2005 (ws, ). (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

213

Minute Entry for proceedings held before Judge Charles S. Coody : Telephone Status Conference held on 1/6/2006. (Recording Time FTR: 10:30 − 10:43.) (ws ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

214

ORDER Setting Status Conference for 4/20/2006 11:30 AM by telephone before Honorable Charles S. Coody as further set out in order. Signed by Judge Charles S. Coody on 3/22/06. (furn: yg hc ws)(vma, ) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

Case Details

State / Territory: Alabama

Case Type(s):

School Desegregation

Key Dates

Filing Date: Sept. 12, 1966

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

African-American school children by and through their parents

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Barbour County (Barbour), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Preliminary relief granted

Issues

General:

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run