Case: Monroe & United States of America v. Jackson City & Madison County School Board of Education

1:72-cv-01327 | U.S. District Court for the Western District of Tennessee

Filed Date: Jan. 8, 1963

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On 01/08/1963, plaintiffs brought these school desegregation suits in the U.S. District Court for the Western District of Tennessee. The plaintiffs, African-American minor school children and their parents, sued both the defendants Jackson City school system and Madison County school district to enjoin the operation of the segregated school systems. A note about the litigation and the two school systems: A lawsuit against both districts proceeded as one lawsuit until 1972 when the court severed…

On 01/08/1963, plaintiffs brought these school desegregation suits in the U.S. District Court for the Western District of Tennessee. The plaintiffs, African-American minor school children and their parents, sued both the defendants Jackson City school system and Madison County school district to enjoin the operation of the segregated school systems.

A note about the litigation and the two school systems: A lawsuit against both districts proceeded as one lawsuit until 1972 when the court severed the defendants, concluding that the actions against Jackson City and Madison County schools were, for all intents and purposes, distinct lawsuits. The case against Jackson City was designated as docket number 1327 and Madison County was set as 2209. Adding a further complication, however, in 1989, the two school systems were consolidated; the lawsuits, too, were then combined.

What became the two separate lawsuits and the underlying desegregation efforts followed substantially similar paths from their joint initiation.

After Brown v. Board of Education in 1954, the Boards had done next to nothing integrate the schools -- the sole accommodation being that they agreed to entertain voluntary transfer requests. By the 1961-62 school year, there were no white children in black schools and only seven black students in white schools.

On June 19, 1963, the district court (Judge Bailey Brown) granted the plaintiffs' motions for summary judgment and ordered the defendants to devise and present to the court plans to desegregate both the Jackson City and Madison County schools. From this point through 1977, the plaintiffs, in both cases, engaged in a protracted battle with the Board to develop and implement a desegregation plan that would produce tangible results in a timely fashion.

In the Jackson City case, the Board presented a plan that included a free transfer provision and racially gerrymandered elementary school zones. The case reached the Supreme Court in 1968, with the Court holding that the Board was not meeting its affirmative duty to desegregate. Specifically, the geographic school zones and the free transfer program were racially discriminatory and thus unconstitutional. 391 U.S. 450 (1968). In the wake of that decision and the Court's decision in Green v. County School Board, the plaintiffs petitioned for further relief. Despite an order from the district court (and the Supreme Court's clear mandate), the Board failed to adequately revise the school attendance zone and refused to eliminate the free transfer program. The Board eventually enlisted the help of the University of Tennessee to devise a desegregation plan that was eventually accepted.

Simultaneously, in the Madison County case, the district court, in May of 1964, approved the Board's plan for gradual desegregation with a free transfer provision. The plaintiffs petitioned for further relief, asking for faculty and extracurricular desegregation. After the Supreme Court declared the free transfer program unconstitutional in the Jackson City case, the district court in Madison County required the Board to submit a new plan and in doing so to seek assistance from the United States Department of Health, Education and Welfare. The parties continued to battle through the late 1970s on the adequacy of the Board's desegregation efforts.

In 1989, the district court approved the consolidation and unification of the school systems and in 1990 it issued a consent decree that laid out a comprehensive plan to achieve integration. Ambitious in scope, the plan included magnet schools, aggressive promotion of transfers and other initiatives to encourage integration in all facets of the school system. The plan actually produced some success; fewer schools in the district were racially identifiable. In 2000, the parties agreed to modifications of the plan, including a long-range strategy to identify steps that would lead to a declaration of unitary status. However, demographic changes undermined some of the district's desegregation success, as white families left the district at higher rates. Nevertheless, in 2010, the parties made a joint motion to declare full unitary status and dismissed the case. The district court had previously granted unitary status in some areas -- but not in student assignment. Notwithstanding the district's changing racial makeup -- and here the court noted the absence of any evidence that the growing imbalance was due to racial discrimination -- the district court, on September 24, 2010, declared the consolidated Jackson-Madison County school system fully unitary, thus releasing it from the court's oversight.

Available Opinions

City of Jackson

Monroe v. Board of Commissioners, City of Jackson, 221 F.Supp. 968 (W.D. Tenn. Aug. 12, 1963)

Monroe v. Board of Commissioners, City of Jackson, 229 F.Supp. 580 (W.D. Tenn. May 21, 1964)

Monroe v. Board of Commissioners, City of Jackson, 244 F.Supp. 353 (W.D. Tenn. July 30, 1965)

Monroe v. Board of Commissioners, City of Jackson, 380 F.2d 955 (6th Cir. July 21, 1967)

Monroe v. Board of Commissioners of the City of Jackson, 391 U.S. 450 (May 27, 1968)

Monroe v. Board of Commissioners, City of Jackson, 427 F.2d 1005 (6th Cir. June 19, 1970)

Monroe v. Board of Commissioners of City of Jackson, 453 F.2d 259 (6th Cir. Jan. 7, 1972)

Monroe v. Board of Commissioners, City of Jackson, 505 F.2d 105 (6th Cir. Oct. 22, 1974)

Monroe v. Board of Commissioners, City of Jackson, 581 F.2d 581 (6th Cir. Aug. 9, 1978) (attorneys’ fees)

Madison County

Monroe v County Board of Education of Madison County, 269 F.Supp. 758 (W.D. Tenn. Aug. 2, 1965)

Monroe v County Board of Education of Madison County, 439 F.2d 804 (6th Cir. Mar. 15, 1971)

Monroe v. County Board of Education of Madison County, 505 F.2d 109 (6th Cir. Oct. 22, 1974)

Malesus Area Concerned Parents v. Monroe, 557 F.2d 1225 (6th Cir. July 13, 1977)

Monroe v. County Board of Education of Madison County, 583 F.2d 263 (6th Cir. Aug. 22, 1978) (attorneys’ fees)

Joint

Monroe v. Jackson-Madison County School System Board of Education, 2007 WL 1485267 (W.D. Tenn. May 18, 2007)

Monroe v. Jackson-Madison County School System Board of Education, 2010 WL 3732015 (W.D. Tenn. Sept. 24, 2010)

 

Summary Authors

Greg Margolis (3/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12658873/parties/monroe-v-jackson-madison-county-school-system/


Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Brown, Bailey (Ohio)

Bryant, Edward G. (Tennessee)

Attorney for Plaintiff

Amer, Kevin R. (District of Columbia)

Chachkin, Norman J. (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:72-cv-01327

Docket

Monroe v. Jackson-Madison County Board of Education

Jan. 26, 2011

Jan. 26, 2011

Docket
431

1:72-cv-01327

Complaint

Monroe v. Jackson-Madison County School System

Jan. 8, 1963

Jan. 8, 1963

Complaint
450

1:72-cv-01327

Order

Monroe v. Board of Commissioners of the City of Jackson, Tennessee

June 19, 1963

June 19, 1963

Order/Opinion

1:72-cv-01327

[Order]

Monroe v. Board of Commissioners of the City of Jackson, Tennessee

Aug. 12, 1963

Aug. 12, 1963

Order/Opinion

221 F.Supp. 968

467

1:72-cv-01327

Order on Plaintiffs' Motion Under Rule 60

Monroe v. Board of Commissioners of the City of Jackson, Tennessee

Oct. 9, 1963

Oct. 9, 1963

Order/Opinion

1:72-cv-01327

[Order]

Monroe v. Board of Commissioners of the City of Jackson, Tennessee

May 21, 1964

May 21, 1964

Order/Opinion

229 F.Supp. 580

1:72-cv-01327

[Order]

Monroe v. Board of Commissioners, City of Jackson, Tennesse

July 30, 1965

July 30, 1965

Order/Opinion

244 F.Supp. 353

1:72-cv-01327

[Order]

Monroe v. Board of Education, Madison County, Tennessee

Aug. 2, 1965

Aug. 2, 1965

Order/Opinion

269 F.Supp. 758

494

1:72-cv-01327

Order

Monroe v. Board of Education, Madison County, Tennessee

Aug. 9, 1965

Aug. 9, 1965

Order/Opinion

1:72-cv-01327

Order

Monroe v. Board of Commissioners of the City of Jackson, Tennessee

Aug. 11, 1965

Aug. 11, 1965

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12658873/monroe-v-jackson-madison-county-school-system/

Last updated Oct. 7, 2026, 12:18 a.m.

Docket for: Monroe v. Jackson Madison County School System
ECF Number Date Description Link
431 Jan. 8, 1963

COMPLAINT filed by Brenda Kay Monroe, Harold Dwayne Walker, Georgia Sephanie Springfield, Maria Bonita Martin and William Monroe v. Board of Commissioners of the City of Jackson, Tennessee Constituting the Board of Education or School Commissioners of Said City; C. J. Huckaba; County Board of Education of Madison County, Tennessee; and James L. Walker. (csf) (Entered: 07/24/2009)

RECAP
432 Jan. 8, 1963

Cost Bond. Brenda Kay Monroe, et al are held and firmly bound unto Board of Commissioners of the City of Jackson, et al in the sum of $250.00. (csf) (Entered: 07/24/2009)

RECAP
433 Jan. 8, 1963

Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. (csf) (Entered: 07/24/2009)

RECAP
434 Jan. 8, 1963

Order to Show Cause Why Temporary Restraining Order and/or Preliminary Injunction Should Not Be Issued. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/24/2009)

RECAP
436 Jan. 25, 1963

Order It is Ordered that Emmett J. Ballard be added to the complaint as one of the attorneys for the plaintiffs. Complaint is amended as follows: By adding Glynn White, Nathaniel Benson, Currin Cole, Jr. and by adding to paragraph 4 of the complaint. The plaintiffs' writ of preliminary injunction is granted to an extent. Defendants may file a plan for desegregation of the school system of the City of Jackson and County of Madison. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/24/2009)

RECAP
437 Jan. 28, 1963

Motion to Dismiss brought by the Defendants, County Board of Education of Madison County, TN, because the Court lacks jurisdiction over the subject matter, the action being for declaratory judgment and there being no actual controversy between them and the plaintiffs. (Attachments: # 1 Affidavit of Members of the Madison County, TN Board of Education, # 2 Certificate of Service and Notice of Hearing)(csf) (Entered: 07/27/2009)

RECAP
438 Jan. 29, 1963

Motion of defendants to sever claims asserted by the plaintiffs against them from the claims asserted against other defendants. (Attachments: # 1 Affidavit of Board of Commissioners/Board of Education for the City of Jackson, TN, # 2 Notice of Motion)(csf) (Entered: 07/27/2009)

RECAP
439 Jan. 29, 1963

Order Extending Time for Asserting Defenses and Objections. Signed by U.S. District Court Judge Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
440 Feb. 25, 1963

Answer filed by the defendants, Board of Commissioners of the City of Jackson, Tennessee, constituting the Board of Education or School Commissioners of said City, and Quinton D. Edmonds, R. L. Pately and R. E. Bailey, Board Members or Commissioners, who together comprise the Board of Commissioners of the City of Jackson Tennesse, constituting the Board of Education or School Commissioners of said City, and C. J. Huckaba, City Superintendent and/or Superintendent of Public Instruction of the City of Jackson, Tennessee. (csf) (Entered: 07/27/2009)

RECAP
441 March 4, 1963

Order on the Motion to Dismiss filed by the defendants, County Board of Education, et al, which is deemed and treated by the Court as a Motion for Summary Judgment, is hereby overrulled and denied. The Motion for Severance filed by the defendants, Board of Commissioners et al, is hereby taken under advisement for determination by the Court at a later date. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
442 March 15, 1963

Answer of the defendants, County Board of Education of Madison County, Tennessee (except defendant, Taylor Robinson, who is filing a separate answer as an individual) and as members of the County Board of Education of Madison County, Tennessee, and James L. Walker, Individually and as County Superintendent and/or Superintendent of Public Instruction of Madison County, Tennessee. (csf) (Entered: 07/27/2009)

RECAP
443 March 15, 1963

Answer filed by defendant, Taylor Robinson, member of the County Board of Education of Madison County, Tennessee, filing as an individual.(csf) (Entered: 07/27/2009)

RECAP
444 March 15, 1963

Motion for Leave to Intervene. Comes now father and next friend, Charles Hardee, II; father and next friend, Neely H. Robely; father and next friend, Bennett A. Walker; father and next friend, Taylor Robinson; father and next friend, Hewitt Merriwether; father and next friend, James H. Price; father and next friend, Floyd Dennison; father and next friend, Harl Shepard; father and next friend, Kelvy Tolley; father and next friend, Ted Hammett; all resident of Madison County, Tennessee, move for leave to intervene as defendants in this action in order to assert their claims under the Complaint and Motions heretofore filed by plaintiffs. (csf) (Entered: 07/27/2009)

RECAP
445 March 15, 1963

Intervenors' Answer filed by father and next friend, Charles Hardee, II; father and next friend, Neely H. Robely; father and next friend, Bennet A. Walker; father and next friend, Taylor Robinson; father and next friend, Hewitt Merriwether; father and next friend, James H. Price; father and next friend, Floyd Dennison; father and next friend, Harl Shepard; father and next friend, Kelvy Tolley; father and next friend, Ted Hammett; reserving all rights accruing to defendants under motion heretofore filed herein and for answer to the complaint. (csf) (Entered: 07/27/2009)

RECAP
446 May 7, 1963

Motion filed by the defendants County Board of Education of Madison County, Tennessee to move the Court for an order severing the claims asserted by the plaintiffs herein against them from the claims asserted against the other defendants. (Attachments: # 1 Affidavit of the Madison County's Board of Education, # 2 Notice of Motion)(csf) (Entered: 07/27/2009)

RECAP
447 May 31, 1963

Plaintiffs' Motion for Summary Judgment (against all defendants pursuant to the provisions of Rule 56 of the Federal Rules of Civil Procedure; and that the Court deny the request of the County Board for a jury). (Attachments: # 1 Plaintiffs' Brief in Support of Motion for Summary Judgment)(csf) (Entered: 07/27/2009)

RECAP
448 June 14, 1963

Order decreeing the following: 1. Motion for leave to intervene filed by Charles Hardee, II, et al is denied. 2. Motion to dismiss for failure to join indispensable parties as filed by defendant, Taylor Robinson, is denied. 3. Application of defendants for jury trial is denied. 4. Motion for severance filed by the defendants' is taken under advisement. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
449 June 19, 1963

Notice to Take Depositions on June 25, 1963 at 9:30 a.m. at the District Court in Jackson, Tennessee. Plaintiffs will take the depositions of C. J. Huckaba, Superintendent's Office, Jackson City Schools, R. L. Patey, Ben Langford, II, James L. Walker, Superintendent's Office, Madison County Schools, R. E. Rooks. (csf) (Entered: 07/27/2009)

RECAP
450 June 19, 1963

Order decrees the following: 1. Motion of Plaintiff's for Summary Judgment is granted; 2. The defendants, City Board of Commissioners, et al, will file with the Clerk of this Court not later than July 20, 1963 a complete plan for desegregation; 3. The defendants, County Board of Education, et al, will file with the Clerk of this Court not later than July, 15, 1963 a complete plan for desegregation. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
451 June 25, 1963

Petition for Writ of Mandamus. Named parties are Taylor Robinson, Petitioner v. Honorable Bailey Brown, U.S. District Court Judge, Respondent. Petition to be heard before Circuit Judges Miller, Weick and O'Sullivan. It is Ordered that the respondent show cause on or before July 10, 1963 why the prayer of petition should not be granted. Further proceedings in the action of the District Court be stayed. Signed by U.S. Circuit Judge, Paul C. Weick (csf) (Entered: 07/27/2009)

RECAP
459 July 6, 1963

Plaintiffs' Specification of Objections to Plan Filed by Board of Commissioners (School Board) of the City of Jackson. (csf) (Entered: 07/27/2009)

RECAP
452 July 15, 1963

Plan for Operating Desegregation School System in Madison County, Tennessee. Filed pursuant to Order of the Court entered on June 19, 1963. (csf) (Entered: 07/27/2009)

RECAP
453 July 19, 1963

Motion to Substitute Counsel. Defendants' motion to substitute attorney Russell Rice for William T. Diamond as counsel for the City of Jackson, Tennessee. (csf) (Entered: 07/27/2009)

RECAP
454 July 19, 1963

Motion to Substitute Defendant Officers. The defendant, City of Jackson, Tennessee, motion to substitute Quinton D. Edmonds and R. L. Patey for George A. Smith and Ben Langford effective July 1, 1963. (csf) (Entered: 07/27/2009)

RECAP
455 July 19, 1963

Pursuant to Order of the Court entered June 19, 1963, the Board of Comissioners of the City of Jackson, Tennessee file the following plan for the desegregation of the city schools. (csf) (Entered: 07/27/2009)

RECAP
456 July 20, 1963

Plaintiffs' Specification of Objections to Plan Filed by County Board of Education of Madison County. (csf) (Entered: 07/27/2009)

RECAP
457 July 22, 1963

Order that George A. Smith and Ben Langford are substituted as defendants in place of Quinton D. Edmonds and R. L. Patey. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
458 July 22, 1963

Order granting defendant, City of Jackson's motion for substituting attorney Russell Rice for William T. Diamond. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
460 July 31, 1963

No. 15431 United States Court of Appeals for the Sixth Circuit on Petition for Writ of Mandamus heard before: Miller, Weick and O'Sullivan, Circuit Judges. Petitioner prays for Writ of Mandamus requiring the District Court to vacate and expunge from the record its order of June 1, 1963 striking his demand for a jury trial. The opinion of the Circuit Judges is that by reason of the summary judgment the issues in this Mandamus case have become moot. Petitioner's remedy is to appeal from the judgment. The petition for a Writ of Mandamus is dismissed. (csf) (Entered: 07/27/2009)

RECAP
461 Aug. 6, 1963

Answer of Defendant, Board of Commissioners of the City of Jackson, Tennessee to the Objections Filed by Plaintiffs to Its Plan of Desegreation. (csf) (Entered: 07/27/2009)

RECAP
462 Aug. 12, 1963

Memorandum Decision. The Court has held a hearing on the plan submitted by the City and plaintiffs' objections thereto, and this memorandum decision deals only with the City's proposed plan. Plaintiffs and defendant Board will each submit by August 15, 1963, a proposed draft of a judgment consistent with this memorandum. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/27/2009)

RECAP
463 Aug. 20, 1963

Judgment by the Court without intervention of a jury, upon the entire record and especially upon the desegregation plan filed by the defendant, Board of Commissioners of the City of Jackson pursuant to summary judgment granted by the Court, upon the specifications of objection filed by the plaintiffs to said City desegregation plan, and the evidence introduced in open Court, and the Court makes the findings and holdings stated in its Memorandum Decision filed August 12, 1963 a part of the record, which Memorandum Decision is hereby adopted as the Court's Findings of Fact and Conclusions of Law. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/28/2009)

RECAP
464 Sept. 4, 1963

Plaintiffs' Motion for Appropriate Relief pursuant to Rule 60 (b), (2), (5) or (6) of the Federal Rules of Civil Procedure, for appropriate relief from the operation of the Judgment entered by the Court on August 20. 1963. (Attachments: # 1 Affidavit of William R. Bell, # 2 Affidavit of Frank L. Walker, # 3 Affidavit of Alice Gooch)(csf) (Entered: 07/29/2009)

RECAP
465 Sept. 19, 1963

Replication of Defendant with Counter Affidavits. (csf) (Entered: 07/29/2009)

RECAP
466 Sept. 25, 1963

Order in this cause. It appearing to the court that the plaintiffs and their counsel were not informed of the effect and intent of the Court's judgment entered on August 20, 1963, it is Ordered that the plaintiffs are hereby allowed an extension of thirty days to and including October 19, 1963 in which to appeal. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/29/2009)

RECAP
467 Oct. 9, 1963

Order on Plaintiffs' Motion Under Rule 60. This cause came again for hearing on the plaintiffs' motion under Rule 60 for "appropriate relief", the evidence adduced at the hearing of the motion, argument of counsel, and the entire record in the cause and the Court makes the findings and holdings stated in its Addendum to Memorandum Decision filed October 9, 1963 as part of the record, which Addendum is hereby adopted as additional findings of fact and conclusions of law. Signed by U.S. District Court Judge, Bailey Brown. (Attachments: # 1 Addendum to Memorandum Decision)(csf) (Entered: 07/29/2009)

RECAP
468 Oct. 15, 1963

Notice of Appeal given by the plaintiffs to the U.S. Court of Appeals for the Sixth Circuit from the judgment entered on August 20, 1963, and from the judgment denying plaintiffs' motion for approprite relief, entered on October 9, 1963. (csf) (Entered: 07/30/2009)

RECAP
469 Oct. 15, 1963

Cost Bond. Plaintiffs, having filed an appeal, are bound to defendants in the sum of $250.00. (csf) (Entered: 07/30/2009)

RECAP
470 Nov. 25, 1963

Order Extending Time for Docketing. The time for docketing the record in the Sixth Circuit Court of Appeals is extended fifty days from November 25, 1963. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/30/2009)

RECAP
471 Feb. 7, 1964

Stipulation for Withdrawal and Dismissal of Appeal. It is agreed between the parties that the appeal filed by the plaintiffs-appellants is withdrawn and dismissed without prejudice, the cause is remanded to the District Court and costs of the appeal taxed against the plaintiffs. So Ordered and signed by Circuit Judge, Shackelford Miller, Jr. (csf) (Entered: 07/30/2009)

RECAP
472 May 14, 1964

Motion to Quash Subpoena Duces Tecum Served on C. J. Huckaba, Superintendent of City Schools, Jackson, Tennessee. (csf) (Entered: 07/30/2009)

RECAP
473 May 19, 1964

Objections of Board of Education of Madison County to Desegregation Plan Proposed by the Court. Board of Education of Madison County, Tennessee, objects to the plan for the desegregation of the school system proposed by the Court on May 15, 1964. (csf) (Entered: 07/30/2009)

RECAP
474 May 20, 1964

Plaintiffs' Specifications of Objections to Plan of Desegregation Suggested by the Court (on May 15, 1964). (csf) (Entered: 07/30/2009)

RECAP
475 May 21, 1964

Memorandum Decision and Order. Court's Memorandum Decision and Order as to the plan submitted by the Board of Madison County. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/30/2009)

RECAP
476 June 8, 1964

Matter heard in Memphis, Tennessee, on Thursday, May 14, 1964 before U.S. District Judge, Bailey Brown, where testimony was given. Plaintiffs' counsel: Avon N. Williams, Jr. and J. Emmett Ballard. Defense counsel: Edwin F. Hunt, Jack Manheim and Russell Rise. (csf) (Entered: 07/30/2009)

RECAP
477 Sept. 4, 1964

Motion for Further Relief and to Add Parties as Additional and/or Intervening Plaintiffs. (Attachments: # 1 Affidavit of Alice Gooch, # 2 Affidavit of Parents/Grandparents of Children eligible to enter first grade in City of Jackson School System in August, 1964, # 3 Affidavit of Ida Mae Sorrells, # 4 Affidavit of Bobbie Glenn, # 5 Affidavit of Ernest Golden, # 6 Affidavit of Mary Robinson, # 7 Affidavit of Glyn A. Ledbetter, # 8 Affidavit of Christiana Jones Fisher, # 9 Affidavit of Melvin Harris, # 10 Affidavit of Booker T. Merriwether, # 11 Affidavit of Thomas B. Davis, # 12 Affidavit of Freddie Moore, # 13 Affidavit of Carl Brown, # 14 Affidavit of Annie L. Merriweather)(csf) (Entered: 07/30/2009)

RECAP
478 Sept. 14, 1964

Replication of Defendants to September 3, 1964 "Motion for Further Relief" Filed Against Them. (csf) (Entered: 07/31/2009)

RECAP
479 Sept. 14, 1964

Letter From J. Emmett Ballard requesting subpoenas duces tecum. (csf) (Entered: 07/31/2009)

RECAP
480 Sept. 14, 1964

Defendants' Motion for Order Requiring Plaintiff or Their Attorney to Attend Pre-Trial Conference. (csf) (Entered: 07/31/2009)

RECAP
481 Sept. 16, 1964

Plaintiffs' Statement in Opposition to Defendants' Motion for Order Requiring Plaintiff or Their Attorney to Attend Pre-Trial conference. (csf) (Entered: 07/31/2009)

RECAP
482 Sept. 16, 1964

Defendants' Motion to Quash Subpoenas (directing individuals to appear in Court on Friday, September 18, 1964). (csf) (Entered: 07/31/2009)

RECAP
483 Sept. 28, 1964

Pre-Trial Order. The motion of additional parties to intervene is granted. Plaintiffs are entitled to reopen the question of unitary zones. Plaintiffs are entitled to review registration, assignment and transfer records and determine what school personnel should be subpenaed for the hearing. Court will rule on the motion to desegregate faculties at the next hearing. Verbal motion to strike parts of defendants' reply having to do with the right of plaintiffs to recover attorneys' fees is overruled, with the right to renew later. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 07/31/2009)

RECAP
484 Nov. 13, 1964

Supplemental Replication to Motion of September 4, 1964, Filed Against Defendants. Defendants submit this supplemental replication in order to claify the issues set up by the Pre-Trial Order of the Court filed September 28, 1964. (csf) (Entered: 07/31/2009)

RECAP
486 Nov. 13, 1964

Motion. Defendants motion the Court that its petition seeking approval of non-racial unitary zones for junior high schools within the City of Jackson be consolidated for hearing along with the Complainant's Motion for Further Relief. (csf) (Entered: 07/31/2009)

RECAP
485 Nov. 19, 1964

Petition. Defendants, Board of Commissioners of the City of Jackson, TN, et al, pursuant to paragraph 5 of the Judgment of this Court filed August 20, 1963, submit for the Court's approval a plan for unitary non-racial zones for the Junior High School System of The City of Jackson to be effective at the beginning of the fall term of the 1965-66 school year, this plan marked Exhibit A to this petition (envelope with large folded map inside attached). (csf) (Entered: 07/31/2009)

RECAP
487 Nov. 30, 1964

Specification of Objections Filed by the Plaintiffs to the Plan for Unitary Non-Racial Zones for the Junior High School System of The City of Jackson Filed by Defendants. (csf) (Entered: 07/31/2009)

RECAP
488 Nov. 30, 1964

Statement of the Plaintiffs in Reply to the Motion of the Defendants that its Petition Seeking Approval of Non-Racial Unitary Zones for Junior High Schools within The City of Jackson be Consolidated for Hearing with the Plaintiffs' Motion for Further Relief. (csf) (Entered: 07/31/2009)

RECAP
489 April 14, 1965

Motion for further Relief Against the Defendants, County Board of Education of Madison County, Tennessee and James L. Walker, Madison County School Superintendent. (csf) (Entered: 07/31/2009)

RECAP
490 April 19, 1965

Additional Motion for Further Relief Against the Defendant, Board of Commissioners of The City of Jackson and C. J. Huckaba, City School Superintendent. (csf) (Entered: 07/31/2009)

RECAP
491 April 22, 1965

Defendant's Request for Pre-Trial Conference. Defendants request an additional pre-trial conference to resolve as many issues as possible through agreement of counsel, to determine those issues to be heard, to determine questions raised in regard to subpoenas. (csf) (Entered: 07/31/2009)

RECAP
492 May 10, 1965

Defendants' Reply to Motion for Further Relief. (csf) (Entered: 07/31/2009)

RECAP
493 May 18, 1965

Replication of Defendant to Additional Motion for Further Relief. (Attachments: # 1 Exhibit A Indicates a complete elimination of all professional activities from school participation.)(csf) (Entered: 07/31/2009)

RECAP
494 Aug. 2, 1965

Memorandum Decision. Plaintiffs are entitled to press only a claim for intergration of faculty and principals to the extent that is necessary to abolish discrimination against plaintiffs as pupils. As to teacher in-service training and professional activities, the only segregating that remains results from teachers having separate professional organiztions over whose policies defendants have no control. Defendants have consented to hold a supplementary registration in July, 1965, and have consented, in the future, to give 30 days advance notice of the registration dates. Plaintiffs are entitled to an order specifically providing that there must be no discrimination in curricular and extra-curricular activities. "Split Season" was dealt with in prior opinion. Plaintiffs application for attorneys' fees is denied. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/03/2009)

RECAP
495 Aug. 9, 1965

Order decreeing the following: Application of plaintiffs for an order requiring integration of faculty is at this time denied; application of plaintiffs for an order requiring integragation of administration and supporting personnel is denied; teacher in-service training and professional activities, the plaintiffs are denied relief as to integration of these activities; defendants will give thirty days rather than ten days advance notice of school registration dates; defendants will eliminate all racial discrimination and segregaton in curricular and school-sponsored extra-curricular activities; plaintiffs request for relief as to "split-season" is denied; application of plaintiffs for attorneys' fees is denied; jurisdiction of the case is retained by the Court pending full implementation of desegregation in the Madison County School System, and either party may apply. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/03/2009)

RECAP
496 Aug. 11, 1965

Order from pre-trial conference held May 26, 1965 in Court's Chambers. The assignment and transfer plan or policy in the City of Jackson, Tennessee school system deprives plaintiffs of their constitutional rights and must be amended. The unitary zones established by defendants in some areas appear to be gerrymandered and will be revised. The proposed junior high school zones proposed by defendants do not amount to unconstitutional gerrymandering and are approved by the Court. Desegregation in the City of Jackson School System will be accelerated. The application of plaintiffs for an order requiring integration of faculty is at this time denied. Previous Judgment entered failed to include an order requiring defendants to eliminate all racial discrimination and segregation in curricular and school sponsored extra-curricular activites in the City of Jackson School System and Court so orders. Application of plaintiffs for an order requiring desegregation of administration and supporting personnel is denied. As to teacher in-service training and professional activities, plaintiffs are denied relief. Plaintiffs are entitled to recover limited attorneys' fee. Application of plaintiffs to recover as costs the fees and expenses of their expert witnesses is denied. Jurisdiction of the case is retained by the Court pending full implementation of desegregation in the City School System of Jackson, Tennessee, and either party may apply. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/03/2009)

RECAP
497 Sept. 7, 1965

Notice of Appeal. Notice is given, the plaintiffs William Monroe, Frank Walker and Rolean Walker, Mildred T. Springfield, Glynn White, Nathaniel Benson, Currin Cole, Jr., of appeal to the Circuit Court of Appeals for the Sixth Circuit from the judgment entered in this action on August 9, 1965. (csf) (Entered: 08/03/2009)

RECAP
498 Sept. 7, 1965

Cost Bond - surety. Plaintiffs having filed an appeal to U.S. Court of Appeals from a judgment entered on August 9, 1965, are held and bound to the County Board of Education of Madison County, Tennessee, and all other defendants in this cause in the sum of Two Hundred Fifty Dollars. (csf) (Entered: 08/03/2009)

RECAP
499 Sept. 7, 1965

Notice of Appeal. Notice is given by the plaintiffs William Monroe, Frank Walker and Rolean Walker, Mildred T. Springfield, and the intervening plaintiffs, Albert J. Porter, Annie L. Lyons, Ida Mae Sorrells, Earnest Golden, Mary Robinson, Glyn A. Ledbetter, Bobbie Glenn, Stella White, Christiana Jones Fisher, Melvin Harris, Booker T. Merriwether, Thomas B. Davis, Freddie Moore, Carl Brown, Alice Gooch, Annie L. Merriweather, of appeal to the Circuit Court of Appeals for the Sixth Circuit from the judgment entered in this action on August 11, 1965. (csf) (Entered: 08/03/2009)

RECAP
500 Sept. 7, 1965

Cost Bond - surety. Plaintiffs and intervening plaintiffs having filed and appeal to U.S. Court of Appeals from a judgment entered on August 11, 1965, are held and bound to the Board of Commissioners of the City of Jackson, Tennessee, and all other defendants in this cause in the sum of Two Hundred Fifty Dollars. (csf) (Entered: 08/03/2009)

RECAP
501 Oct. 15, 1965

Order. Upon application of the plaintiffs, the Court extends the time for filing and docketing the appeal specified in "Notice of Appeal" from October 17, 1965 through November 17, 1965. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/03/2009)

RECAP
502 Nov. 16, 1965

Plaintiffs' Motion to extend time for filing and docketing in the U.S. Court of Appeals for the Sixth Circuit an additional period from the last extension to and including December 6, 1965. (Attachments: # 1 Letter from Hardy L. Fly, Official Court Reporter, to Attorney Avon N. Williams concerning transcript.)(csf) (Entered: 08/03/2009)

RECAP
503 Nov. 16, 1965

Order. It is Ordered that the time for filing and docketing in the U.S. Court of Appeals for the Sixth Circuit is extended for an additional period from date of expiration of last extension to and including December 6, 1965. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/03/2009)

RECAP
504 Nov. 29, 1965

Plaintiffs-Appellants Motion for extension of time for filing and docketing the appeals for a period of 41 days from and after December 6, 1965 to and including January 16, 1966 for grounds as stated in Exhibit A. Signed by U.S. Circuit Judge, George Edwards. (Attachments: # 1 Exhibit A Letter from Hardy L. Fly, Official Court Reporter)(csf) (Entered: 08/03/2009)

RECAP
505 Jan. 10, 1966

Original Plaintiffs' Motion for Further Relief and to Add Parties as Additional and/or Intervening Plaintiffs. (Attachments: # 1 Exhibit A Letter from the City of Jackson, TN, # 2 Exhibit B Letter from the City of Jackson, TN)(csf) (Entered: 08/03/2009)

RECAP
506 Jan. 11, 1966

Defendants' Motion to Dismiss and Replication. (csf) (Entered: 08/04/2009)

RECAP
507 Jan. 21, 1966

Plaintiffs-appellants' Motion to extend the time for filing and docketig the appeals for an additional period of forty days from and after January 16, 1966.Court Reporter is unable to complete the transcript.(csf) (Entered: 08/04/2009)

RECAP
508 Feb. 10, 1966

Memorandum Decision. The motions to intervene and for further relief are denied and the motion to dismiss is granted. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/04/2009)

RECAP
509 Feb. 16, 1966

Order decreeing that the Motion to Intervene and the Motion for Further Relief is denied. The defendants' Motion to Dismiss plaintiffs' Motion for Further Relief and To Add Parties as Additional and/or Intervening Plaintiffs is hereby granted. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/04/2009)

RECAP
510 Feb. 21, 1966

Defendants' Motion to approve a zoning plan for all high schools of the City of Jackson School System as a part of the desegregation plan without the necessity of a hearing. (csf) (Entered: 08/04/2009)

RECAP
511 Feb. 28, 1966

Plaintiffs and Intervenors' Motion for New Trial and/or for Rehearing (on their Motion for Further Relief and to Add Parties as Additional and/or Intervening Plaintiffs which the Court denied. (csf) (Entered: 08/04/2009)

RECAP
512 March 11, 1966

Memorandum Decision and Order. It is Ordered that the plaintiffs' motion to amend the prior motion is granted and the motion to rehear the prior motion is denied. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/04/2009)

RECAP
513 March 25, 1966

Plaintiff's Specifications of Objections to Motion of Defendants, City Board of Commissioners of Jackson, Tennessee, for Approval of High School Zoning Plan and the Zoning Plan. (csf) (Entered: 08/04/2009)

RECAP
515 March 28, 1966

Replication of Defendants to Plaintiff's Specifications of Objections to Defendant's High School Zoning Map. (csf) (Entered: 08/06/2009)

RECAP
517 March 29, 1966

Original Plaintiffs' Amendment to Motion for Further Relief and to Add Parties as Additional and/or Intervening Plaintiffs. (csf) (Entered: 08/07/2009)

RECAP
518 March 31, 1966

Interrogatories Propounded by the Defendant, Board of Commissioners, Pursuant to Rule 33. (csf) (Entered: 08/07/2009)

RECAP
519 March 31, 1966

Interrogatories Propounded by the Defendant, Board of Commissioners, Pursuant to Rule 33. (csf) (Entered: 08/07/2009)

RECAP
520 April 12, 1966

Objections of Plaintiffs to Interrogatories Propounded by Defendant, Board of Commissioners, and Alternative Motion for Extension of Time to Answer (Interrogatories 1 through 2 inclusive). (csf) (Entered: 08/07/2009)

RECAP
521 April 12, 1966

Objections of Plaintiffs to Interrogatories Propounded by defendant, Board of Commissioners, and Alternative Motion for Extension of Time to Answer (Interrogatories 1 through 4 inclusive). (csf) (Entered: 08/07/2009)

RECAP
522 April 12, 1966

Notice of Filing. Notice from Plaintiffs' attorneys to the defendants' attorneys stating that the plaintiffs' attorneys will bring the annexed objections and alternative motions in both the discriminatory Conduct and High School Zoning Plan Hearings to a hearing as yet not scheduled by the Court. (csf) (Entered: 08/07/2009)

RECAP
523 April 22, 1966

Memorandum Decision and Order. It is Ordered that defendants and all persons acting in concert with them are enjoined from adopting or enforcing any rules of conduct governing the relations between pupils that are based on race and further are enjoined from recognizing or enforcing the right of a pupil to choose friends or social contacts unless the right of all pupils to so choose is recognized and enforced. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/07/2009)

RECAP
524 April 27, 1966

Defendants' Motion to Amend Order filed by the Court on 4/22/1966. (csf) (Entered: 08/07/2009)

RECAP
525 May 3, 1966

Order. It is Ordered that the exceptions to the interrogatories filed by the plaintiffs are disallowed and overruled and plaintiffs are allowed fifteen days from date in which to answer such interrogatories. Signed by U.S. District Court Judge, Bailey Brown. (csf) (Entered: 08/07/2009)

RECAP
526 May 16, 1966

Plaintiffs' Answer to Interrogatories. (csf) (Entered: 08/07/2009)

RECAP
527 June 24, 1966

Notice of Taking Deposition. Plaintiffs will take deposition of C. J. Huckaba, George Smith, Barry Thomas, W. G. Currie and A.C. Dickey. (csf) (Entered: 08/07/2009)

RECAP
528 June 24, 1966

Plaintiffs' subpoena served on George Smith, Chairman of the City of Jackson Board of Commissioners, Jackson, TN. (csf) (Entered: 08/10/2009)

RECAP
529 June 24, 1966

Plaintiffs' subpoena served on W. G. Currie and A. C. Dickey, Briarcliff Real Estate, Jackson, TN. (csf) (Entered: 08/10/2009)

RECAP
530 June 24, 1966

Plaintiffs' subpoena served on J. C. Lofton, Highland Park Realty, Jackson, TN. (csf) (Entered: 08/10/2009)

RECAP
531 June 24, 1966

Plaintiffs' subpoena served on C. J. Huckaba, Superintendant of Schools for the City of Jackson, Jackson, TN. (csf) (Entered: 08/10/2009)

RECAP
532 June 24, 1966

Plaintiffs' subpoena duces tecum served on Harry Thomas, Director, Jackson Housing Authority, Jackson, TN. (csf) (Entered: 08/10/2009)

RECAP
533 June 27, 1966

Defendants' Motion to Quash Subpoena Duces Tecum. Defendants move the Court to quash subpoena duces tecum issued for George Smith, Mayor and Harry Thomas, Director, Jackson Housing Authority. (csf) (Entered: 08/10/2009)

RECAP

Case Details

State / Territory:

Tennessee

Case Type(s):

School Desegregation

Key Dates

Filing Date: Jan. 8, 1963

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American minor school children, by and through their parents, who attended the Jackson City and Madison County schools; the United States as intervening plaintiff

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Jackson City

School District

Madison County

Defendant Type(s):

Elementary/Secondary School

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 Tennessee 1:72-cv-01327

Western District of Tennessee 02209

U.S. Court of Appeals for the Sixth Circuit 67-17118

U.S. Court of Appeals for the Sixth Circuit 67-17119

Supreme Court of the United States 67A740

U.S. Court of Appeals for the Sixth Circuit 70-19720

U.S. Court of Appeals for the Sixth Circuit 71-01359

U.S. Court of Appeals for the Sixth Circuit 71-01360

U.S. Court of Appeals for the Sixth Circuit 73-02249

U.S. Court of Appeals for the Sixth Circuit 73-02251

U.S. Court of Appeals for the Sixth Circuit 71-20600

U.S. Court of Appeals for the Sixth Circuit 73-02252

U.S. Court of Appeals for the Sixth Circuit 77-01268

U.S. Court of Appeals for the Sixth Circuit 76-02389

Northern District of Alabama 63-00613

Available Documents:

Any published opinion

Findings Letter/Report

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

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:

Discrimination Prohibition

Implement complaint/dispute resolution process

Magnet school

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Recordkeeping

Reporting

Student assignment

Order Duration: 1963 - 2010

Issues

General/Misc.:

Education

Racial segregation

School/University Facilities

Staff (number, training, qualifications, wages)

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation