Case: Graham v. Evangeline Parish School Board

6:65-cv-11053 | U.S. District Court for the Western District of Louisiana

Filed Date: May 4, 1965

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On May 4, 1965, five African-American children attending public schools filed this suit in the U.S. District Court for the Western District of Louisiana. The plaintiffs sued the Evangeline Parish School Board to enjoin the operation of a racially segregated school system in Evangeline Parish, Louisiana. This case has a lengthy history involving consolidations, appeals, and court supervision that lasted until 2012. Original Desegregation ProcessOn June 4, 1965, the district court (Judge Richard …

On May 4, 1965, five African-American children attending public schools filed this suit in the U.S. District Court for the Western District of Louisiana. The plaintiffs sued the Evangeline Parish School Board to enjoin the operation of a racially segregated school system in Evangeline Parish, Louisiana. This case has a lengthy history involving consolidations, appeals, and court supervision that lasted until 2012.

Original Desegregation Process

On June 4, 1965, the district court (Judge Richard Johnson Putnam) ordered the School Board to submit a desegregation plan within thirty days. The School Board submitted and the district court approved a “freedom of choice” plan that would desegregate the 1st and 12th grades by September 1965 and the rest of the grades by September 1968. However, the Fifth Circuit ruled that same month that these slowly phased integration plans were inadequate in Singleton v. Jackson Municipal Separate School District, 355 F.2d 865 (1965). Singleton precipitated a district court hearing about whether the desegregation plan was adequate. The hearing was consolidated with other cases raising similar issues. In an opinion issued on August 13 in the consolidated cases, Judge Putnam decided that at least four grades must be immediately desegregated. Trahan v. Lafayette Parish School Board, 244 F. Supp. 583 (1965). On August 23, Judge Putnam determined that Evangeline Parish’s grades 2 and 11 (in addition to 1 and 12) must be desegregated in 1965.

Over the next few years, the Parish implemented parts of the limited desegregation plan. Unhappy with the results, the plaintiffs asked for additional relief on December 11, 1967, which the court denied, and the plaintiffs appealed. The appeal was consolidated with several other appeals of similar phased integration plans adopted by judges in the Western District of Louisiana. In 1969, the Fifth Circuit decided the consolidated appeals by ruling that “freedom of choice” plans were wholly inadequate. Hall v. St. Helena Parish School Board, 417 F.2d 801 (1969). For more details on the procedural history of the consolidated cases that led to Hall, of which this case was a part, please see this page on the Clearinghouse.

The Fifth Circuit’s opinion required the district court to adopt a new desegregation plan, but the parties disputed who should create it. Eventually, the court adopted a plan designed by the Department of Health, Education, and Welfare on August 5, 1969.

Before the Evangeline Parish schools could open in September 1969, 115 white residents sued in state court to enjoin the implementation of the desegregation order. While the schools opened on September 2, 1969, they did so with only 20% student attendance, with many white students refusing to attend desegregated public schools. On the night of September 2, 1969, the School Board passed a resolution closing all schools indefinitely. The district court responded by issuing a temporary restraining order on September 9, 1969, forcing the School Board to re-open the schools. The district court issued a permanent injunction to force the School Board to keep the schools open so as not to frustrate the implementation of the desegregation plan.

In 1971, the United States intervened as a plaintiff.

Enforcement Process

The Fifth Circuit had to intervene again in December of 1974 after the district court (Judge Nauman S. Scott) allowed the School Board to provide support for the Evangeline Academy, a private school set up for whites who wanted to avoid the desegregation orders. The Fifth Circuit enjoined the School Board from providing textbooks, transportation or any other public aid to Evangeline Academy. 484 F.2d 649.

The School Board and the plaintiffs have had several other disputes since the mid-1970s. The district court issued consent decrees in 1998 and 2001, pushing the School Board to correct long-standing racial disparities. In September 2003, the National Association of Neighborhood Schools (“NANS”), an organization whose mission is to terminate all federal school desegregation cases, filed a motion to intervene that was denied by the district court. 223 F.R.D. 407. The Fifth Circuit upheld the district court's decision. 132 F. App'x 507.

On November 4, 2004 the district court granted a motion authorizing the School Board to begin school constructions and renovations on a local high school. In 2006, the School Board (with the consent of the Department of Justice), moved to amend the superseding consent decree of 2001. The 2006 order amended the 2001 consent decree to allow inter- and intra-district transfers that are approved by a Transfer Committee composed of three individuals; one of which was to be the Desegregation Compliance Officer, and the remaining two were to be employed at the building principle level or above.

In 2009, the School Board filed a motion to gain unitary status. The Department of Justice filed a motion opposing unitary status but, after the district court ordered settlement talks, the two sides agreed to unitary status on the issues of transportation, extracurricular activities and staff assignment.

On February 15, 2012, the School Board once again made a motion for declaration of unitary status. The Department of Justice did not object to the School Board’s motion for unitary status. On May 16, 2012, the district court granted the School Board’s motion, officially declaring the school system of Evangeline Parish to be unitary and dissolving the ongoing orders. 2012 WL 1833400. The case is now closed.

Available Opinions

Trahan v. Lafayette Parish School Bd., 244 F. Supp. 583 (W.D. La. 1965).

Hall v. St. Helena Parish School Bd., 417 F.2d 801 (5th Cir. 1969).

Jones v. Caddo Parish School Bd. 392 F.2d 721 (5th Cir. 1968).

Conley v. Lake Charles School Bd., 303 F. Supp. 394 (W.D. La. 1969).

Graham v. Evangeline Parish School Bd., 484 F.2d 649 (5th Cir. 1973).

Graham v. Evangeline Parish School Bd., 223 F.R.D. 407 (2004).

Graham v. Evangeline Parish School Bd., 132 F. App'x 507 (2005).

Graham v. Evangeline Parish School Bd., 2012 WL 1833400 (2012).

Summary Authors

Alaael-Deen Shilleh (3/26/2017)

Related Cases

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/4913429/parties/graham-v-evangeline-parish/


Judge(s)
Attorney for Plaintiff

Bell, Murphy W. (Louisiana)

Brown, John Robert (Louisiana)

Attorney for Defendant
Expert/Monitor/Master/Other

Ashlock, Jules R. (Louisiana)

Aucoin, Preston N. (Louisiana)

Bork, Robert Heron (District of Columbia)

Documents in the Clearinghouse

Documents in this case

6:65-cv-11053

Docket

June 29, 1998

June 29, 1998

Docket

6:65-cv-11053

Docket

Graham v. Evangeline Parish

May 16, 2012

May 16, 2012

Docket

65-22527

[Order]

Singleton v. Jackson Municipal Separate School District

U.S. Court of Appeals for the Fifth Circuit

June 22, 1965

June 22, 1965

Order/Opinion

348 F.2d 729

6:65-cv-11053

10903

10912

11125

[Order]

Trahan v. Lafayette Parish School Board

Aug. 13, 1965

Aug. 13, 1965

Order/Opinion

244 F.Supp. 583

65-22527

[Order]

Singleton v. Jackson Municipal Separate School District

U.S. Court of Appeals for the Fifth Circuit

Jan. 26, 1966

Jan. 26, 1966

Order/Opinion

355 F.2d 865

68-25934

[Order]

Jones v. Caddo Parish School Board

U.S. Court of Appeals for the Fifth Circuit

March 27, 1968

March 27, 1968

Order/Opinion

392 F.2d 721

69-02921

69-15556

[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

72-03033

[Order]

U.S. Court of Appeals for the Fifth Circuit

Aug. 22, 1973

Aug. 22, 1973

Order/Opinion

484 F.2d 649

73-01156

Memorandum for the United States in Opposition

Evangeline Parish School Board v. United Sates of America

Supreme Court of the United States

Oct. 1, 1973

Oct. 1, 1973

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4913429/graham-v-evangeline-parish/

Last updated Nov. 2, 2026, 11:50 p.m.

Docket for: Graham v. Evangeline Parish
ECF Number Date Description Link
224 Feb. 2, 1968

IMAGE of original paper docket sheet placed in electronic file for administrative purposes only. (crt,Dunford, T) (Entered: 08/07/2006)

RECAP
Feb. 2, 1968

Case closed (former employee)

Oct. 14, 1998

JOINT MOTION by U S A, School Board of Evangeline Parish to approve superceding consent decree referred to Judge Tucker L Melancon by Laf Div Ofc (McDonnell, D)

Oct. 21, 1998

SUPERCEDING CONSENT DECREE granting [0-1] motion to approve superceding consent decree. Modifies the consent decree entered 08/05/69 (signed by Judge Tucker L Melancon) NOE by rw. (McDonnell, D)

Nov. 2, 1998

Report filed as directed by the Superceding Consent Decree. (McDonnell, D)

June 14, 1999

Report filed as directed by 10/16/98 Superceding Consent Decree (McDonnell, D)

Oct. 27, 1999

REPORT filed directed by 10/16/98 Superceding Consent Decree (Dean, S)

1 March 14, 2000

MINUTE ENTRY: A status conference will be conducted on 4/14/00 at 2:00 and is limited to persons required to attend: Janice Hebert, Franz Marshall, Robert Hammonds and president of Evangeline Parish School Board and District Attorney set status conference for 2:00 4/14/00 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 03/16/2000)

RECAP
March 14, 2000

For imaging purposes, all documents from this point forward will receive a number. (McDonnell, D)

March 14, 2000

CASE reassigned to Judge Tucker L Melancon (McDonnell, D)

2 June 14, 2000

REPORT filed directed by 10/16/98 Superceding Consent Decree (McDonnell, D) (Entered: 06/15/2000)

RECAP
3 Oct. 26, 2000

REPORT filed directed by 10/16/98 Superceding Consent Decree (Whidden, C) (Entered: 10/27/2000)

RECAP
Nov. 9, 2000

**RECORD LOCATION flag set to LAFAYETTE (Gilmer, P)

4 May 11, 2001

MOTION by U S A for setting of status conference with Proposed Order referred to Judge Tucker L Melancon by the Lafayette Clerk's Office (w/consent) (Berry, D) (Entered: 05/14/2001)

RECAP
5 May 22, 2001

ORDER terminating [4-1] motion for setting of status conference set status conference for 2:30 5/30/01 before Judge Tucker L Melancon in chambers . ALL duly elected members of the Evangeline Parish School Board, the acting Superintendent of Evangeline Parish Schools, ALL Central Office supervisors, the principal of EACH high school, middle school and elementary school in Evangeline Parish, the District Attorney of the Thirteenth Judicial District of Louisiana, C Brent Coreil, and all counsel of record for the Evangeline Parish School Board. FURTHER ORDERED that the President of the Evangeline Parish School Board, Jimmy Vidrine and the acting Superintendent of the Evangeline Parish Schools, Rayford Fontenot, are to provide a copy of this order requiring their attendance to each of the duly elected members of the Evangeline Parish School Board and to the school system employees referred to herein above (signed by Judge Tucker L Melancon) NOE by: rw (McDonnell, D) (Entered: 05/23/2001)

RECAP
6 May 25, 2001

MOTION by Basile Bi-Racial for I Jackson Burson Jr to withdraw as attorney as the Basile Bi-Racial Committee has not existed or operated since circa 1970 with Proposed Order referred to Judge Tucker L Melancon (McDonnell, D) (Entered: 05/25/2001)

RECAP
May 25, 2001

RECEIVED copy of [5-2] order addressed to School Board of Evangeline Parish at 1101 Te Mamou Rd, Ville Platte, LA 70586 from U S Postal Svc marked: Return to sender; Not deliverable as addressed. Resent to 1123 Te Mamou Rd, Ville Platte, LA 70586. (McDonnell, D)

7 May 29, 2001

RESPONSE by School Board of Evangeline Parish to [4-1] motion for setting of status conference (McDonnell, D) (Entered: 05/29/2001)

RECAP
8 May 30, 2001

ORDER granting [6-1] motion for I Jackson Burson Jr to withdraw as attorney as the Basile Bi-Racial Committee has not existed or operated since circa 1970. (signed by Judge Tucker L Melancon) NOE by: sjd (Dean, S) (Entered: 05/31/2001)

RECAP
9 May 30, 2001

MOTION by Capital City Press for emergency request for access to substantive proceeding referred to Judge Tucker L Melancon (Berry, D) (Entered: 05/31/2001)

RECAP
13 May 30, 2001

MINUTES OF COURT from status conference held 5/30/01 (by Judge Tucker L Melancon) NOE by: rw (McDonnell, D) (Entered: 06/19/2001)

RECAP
10 June 1, 2001

ORDER denying as moot [9-1] motion for emergency request for access to substantive proceeding (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 06/04/2001)

RECAP
11 June 5, 2001

LETTER by Robert L Hammonds to Clerk pursuant to the [0-1] judgment order enclosing data accumulated by employees of the Evangeline School Board WITH EXHIBITS (Berry, D) (Entered: 06/05/2001)

RECAP
12 June 13, 2001

MOTION by Joann Graham for Marion Overton White to enroll as attorney with Proposed Order referred to Judge Tucker L Melancon by Lafayette Clerk's office (Whidden, C) (Entered: 06/15/2001)

RECAP
14 June 18, 2001

ORDER granting [12-1] motion for Marion Overton White to enroll as co-counsel of record for NAACP Legal Defense Fund out of New York City for plaintiffs; added Marion Overton White as attorney (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 06/19/2001)

RECAP
15 June 25, 2001

PROPOSED SUPERSEDING CONSENT DECREE by U S A, U S Dept of Justice, School Board of Evangeline Parish received, referred to Judge Tucker L Melancon by Lafayette Division Office (McDonnell, D) (Entered: 06/26/2001)

RECAP
16 June 26, 2001

ORDER Motion day set for 10:00 6/28/01 for [15-1] proposed superseding consent decree before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: rw (McDonnell, D) (Entered: 06/27/2001)

RECAP
17 June 28, 2001

SUPERSEDING CONSENT JUDGMENT granting [15-1] judgment, [0-1] judgment order. The EPSB is to provide a photostatic copy of a certified copy of this Superseding Consent Decree to each of the following categories of its employees within fifteen (15) days of the entry by the Court, and the acoomplishment of same shall be certified to the Court by the duly elected president of the EPSB within twenty (20) days of the entry by the Court, to wit: (1) Superintendent; (2) Assistant Superintendent; (3) Central Office Supervisors; (4) Principals; and (5) Assistant Principals. All parties hereto shall have the right to seek enforcement of the provisions of this Superseding Consent Decree and Order. This Court shall retain jurisdiction to monitor compliance with the provisions of this and other orders in this action. All previous orders entered herein not inconsistent herewith remain in full force and effect. (signed by Judge Tucker L Melancon) (Guidry, C) (Entered: 06/28/2001)

RECAP
18 June 28, 2001

ORDER This Court has on this date approved a [17-1] Superseding Consent Decree between the Evangeline Parish School Board and the United States. In an effort to maintian the integrity of the plan set out in the Superseding Consent Decree approved by the Court and in an effort to assist the Evangline Parish School System obtain unitary status, it is ORDERED that the Evangeline Parish School System shall not hire a teacher leaving another system, which has, within the previous year, implemented a faculty staffing policy designed to comply with a Court ordered desegregation plan, absent exigent circumstances. A report shall be submitted to the Court ten (10) days prior to the beginning of the school year, identifying any teacher who was so employed, along with a description of the circumstances. A determination of exigent circumstances shall be reviewed by the Court. If the Court deems it appropriate, a hearing will be scheduled to determine whether the teacher tranferred for the purpose of evading a duly adopted faculty staffing plan enacted pursuant to a desegregation order (signed by Judge Tucker L Melancon) NOE by: cg (Guidry, C) (Entered: 06/28/2001)

RECAP
19 June 28, 2001

MINUTES OF COURT from hearing on proposed superseding consent decree orally granting [15-1] proposed consent decree (by Judge Tucker L Melancon) Court Reporter/Tape No: Christine Bordenave. NOE by: rw (McDonnell, D) (Entered: 07/02/2001)

RECAP
July 9, 2001

RECEIVED copy of [19-1] order addressed to Marion Overton White at 516 E Landry, Opelousas 70570 from U S Postal Svc marked: Return to sender No such number (McDonnell, D)

20 July 10, 2001

MINUTE ENTRY; set miscellaneous hearing for 2:00 7/18/01 before Judge Tucker L Melancon . All attorneys and members of the Evangeline Parish School Board are invited but are not required to attend. The President of the School Board is to notify the other members of the school board of the date and time of the meeting. (signed by Judge Tucker L Melancon) NOE by: rw (Dean, S) (Entered: 07/11/2001)

RECAP
21 July 18, 2001

MINUTE ENTRY: Status conference conducted 7/18/01. Faculty relocation in compliance with the Superseding Consent Decree of 6/28/01 was discussed, in particular reassignment of teachers and out-of-district transfer of students (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 07/23/2001)

RECAP
July 18, 2001

Status conference held (McDonnell, D)

22 Aug. 1, 2001

LETTER by B J Manuel advising the court that he has never been involved or ever attended any court proceeding regarding this matter, and he asks that his name be taken from our mailing list. (Whidden, C) (Entered: 08/02/2001)

RECAP
23 Aug. 14, 2001

MINUTE ENTRY: set miscellaneous hearing (August meeting that is to be conducted with the President of the Evangeline Parish School Board and the Superintendent of Evangeline Parish schools pursuant to Section A of the Superseding Consent Decree entered 6/28/01) for 4:00 8/24/01 before Judge Tucker L Melancon in chambers (signed by Judge Tucker L Melancon) NOE by: rw (McDonnell, D) (Entered: 08/16/2001)

RECAP
24 Aug. 15, 2001

NOTICE OF CORRECTION OF MINUTE ENTRY: reset miscellaneous hearing (August meeting that is to be conducted with the President of the Evangeline Parish School Board and the Superintendent of Evangeline Parish Schools pursuant to Section A of the Superseding Consent Decree entered on 6/28/01) for 4:00 8/29/01 before Judge Tucker L Melancon in chambers (signed by Judge Tucker L Melancon) NOE by: rw (McDonnell, D) (Entered: 08/16/2001)

RECAP
25 Aug. 16, 2001

MEMORANDUM OF CONFERENCE: An on the record telephone status conference was conducted on 8/16/01 before Judge Melancon upon the Court learning that the Evangeline Parish School Board had rejected the Superintendent's recommendation for principal at Pine Prarie High School and the Court's concern because of the proximity of the commencement of the 2000-2001 school year. The Court was advised that an interim principal had been appointed pending the School Board's compliance with Section B.3. of the Superseding Consent Decree entered into by the parties and approved by the Court on 6/28/01. Raymond Lejeune was instructed to obtain a transcript of the telephone conference from the Court's court reporter and to provide a copy of same to each member of the Evangeline Parish School Board (signed by Judge Tucker L Melancon) NOE by: rw. (McDonnell, D) (Entered: 08/17/2001)

RECAP
Aug. 16, 2001

On the record telephone status conference held (McDonnell, D)

26 Aug. 21, 2001

TRANSCRIPT filed re: telephone conference for date of 8/16/01 before Judge Tucker L Melancon (Court Reporter: Christine Bordenave; Volumes; 29 Pages) (McDonnell, D) (Entered: 08/24/2001)

RECAP
27 Sept. 5, 2001

MINUTE ENTRY: Pursuant to Section A, page 3 of the [17-1] Superseding Consent Decree entered in this matter on 6/28/01 the Court met with the President of the Evangeline Parish School Board, James M Vidrine, the Superintendent of Evangeline Parish Schools, Rayford J Fontenot, the attorney for the Evangeline Parish School Board, Robert L Hammonds and the attorney for the United States, AUSA Janice Hebert. Reports were given by President James M Vidrine and Superintendent Rayford J Fontenot on the progress that had been made in complying with the terms of the Superseding Consent Decree. The Court will entertain a meeting regarding the existing system of the awarding of points under the present Affirmative Action Policy set out in the Superseding Consent Decree and earlier judgments of the Court and the need to revisit and possibly revise the current system. The attorney for the Evangeline Parish School Board is requested to provide a copy of this Minute Entry to each member of the Evangeline Parish School Board and to Superintendent Fontenot (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 09/06/2001)

RECAP
29 Sept. 5, 2001

MINUTE ENTRY: Pursuant to Section A, page 3 of the Superseding Consent Decree entered in this matter on 6/28/01 the Court met with the President of the Evangeline Parish School Board, James M Vidrine, the Superintendent of Evangeline Parish Schools, Rayford J Fontenot, the attorney for the Evangeline Parish School Board, Robert L Hammonds, and the attorney for the United States, AUSA Janice Hebert. (by Judge Tucker L Melancon) NOE by: rw (Note: this is a duplicate of #27) (McDonnell, D) (Entered: 09/10/2001)

RECAP
28 Sept. 6, 2001

MINUTE ENTRY: IT IS ORDERED that a hearing on the Evangeline Parish School Board's August 15, 2001 rejection of Superintendent Rayford J. Rontenot's recommendation to fill the vacancy of principal at Pine Prarie High School be conducted on the 20th day of September, 2001 at 8:30 a. m. IT IS FURTHER ORDERED that each member of the Evangeline Parish School Board is required to attend the hearing. IT IS FURTHER ORDERED that the three applicant finalists for principal at Pine Prarie High School from whom Superintendent Fontenot had to select are required to attend the hearing. In the event the members of the Evangeline Parish School Board comply with the Court's request and conduct such a meeting with the Superintendent Fontenot, and after learning of and considering the reasons for his recommendation to fill the vacancy at Pine Parairie High school, the Evangeline Parish School Board, by a majority vote, reconsiders its previous decision and voted to follow the Superintendent's recommendation, the September 20, 2001 hearing will be canceled. The attorney for the Evangeline Parish School Board is instructed to provide a copy of this Minute Entry and notice of fixing of hearing to each member of the Evangeline Parish School Board and its Superintendent. The President of the Evangeline Parish School Board, James M. Vidrine, is to provide a copy of this Minute Entry and notice of fixing of hearing to the three finalists for the position of principal at Pine Prairie High School, all of whom are current employees of the Evangeline Parish School Board. miscellaneous hearing for 8:30 9/20/01 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: gbr (Roaix, G) (Entered: 09/06/2001)

RECAP
30 Sept. 27, 2001

LETTER by Robert L Hammonds to Clerk regarding [0-1] consent decree, [17-1] superseding consent decree enclosing rosters of teachers and administrators by name, race and certification and affidavits of principals relative to student assignments. Copy to Judge Melancon, all counsel (McDonnell, D) (Entered: 09/27/2001)

RECAP
31 Oct. 15, 2001

Report filed by Evangeline Parish School Board directed by 6/28/01 Superceding Consent Decree. (McDonnell, D) Modified on 10/16/2001 (Entered: 10/16/2001)

RECAP
32 Oct. 24, 2001

MINUTE ENTRY: Pursuant to Section A, page 3, of the Superseding Consent Decree entered in this matter on 6/28/01, a meeting in this matter will be conducted in the Court's chambers on 11/5/01 at 4:00.(signed by Judge Tucker L Melancon) NOE by: rw (Whidden, C) (Entered: 10/25/2001)

RECAP
33 Oct. 31, 2001

MINUTE ENTRY: Pusuant to [17-1] Superseding Consent Decree quarterly meetings will be conducted in the Court's chambers on the following dates: 12/12/01 at 4:00; 3/19/02 at 4:00; 6/27/02 at 4:00; 9/26/02 at 4:00; and 12/19/02 at 4:00 (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 11/05/2001)

RECAP
34 Nov. 6, 2001

MINUTE ENTRY: A meeting was conducted by the Court on 11/5/01 at 4:00 pursuant to the Consent Decree entered in order to discuss the [31-1] report (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 11/08/2001)

RECAP
35 Nov. 27, 2001

MINUTE ENTRY: The quarterly meeting scheduled for 12/12/01 is rescheduled for 1/10/02 at 4:00 (signed by Judge Tucker L Melancon) NOE by: rw. (McDonnell, D) Modified on 12/03/2001 (Entered: 12/03/2001)

RECAP
37 Jan. 11, 2002

MINUTE ENTRY: Pursuant to Section A, page 3 of the [17-1] Superseding Consent Decree entered in this matter on 6/28/01 the Court met with the President of the Evangeline Parish School Board, James M Vidrine, the Superintendent of Evangeline Parish Schools, Rayford J Fontenot, attorney for School Board, Robert L Hammonds, Assistant U S Attorney Janice Hebert and Marion Overton White, counsel for the plaintiffs, Wanda Skinner, Clement LaFleur and Derrell J Ardoin, members of the Evangeline Parish School Board, and Eddie J Goudy, President of the Evangeline Parish NAACP. Also in attendance was George Fisher from the office of Marion Overton White. The School Board's compliance with the Consent Decrees entered in this matter was discussed. The Court congratulated Superintendent Fontenot and the School Board President for the apparent progress being made in the educational process in Evangeline Parish. (signed by Judge Tucker L Melancon ) NOE by: tr (Reeves, T) (Entered: 01/14/2002)

RECAP
36 Jan. 14, 2002

MOTION by School Board of Evangeline Parish for Approval of Revised Affirmative Action Employment Policy for Administrative Personnel with Proposed Order referred to Judge Tucker L Melancon (McDonnell, D) (Entered: 01/14/2002)

RECAP
38 Jan. 16, 2002

ORDER granting [36-1] motion for Approval of Revised Affirmative Action Employment Policy for Administrative Personnel (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 01/17/2002)

RECAP
39 March 21, 2002

MINUTE ENTRY: A meeting was conducted by the Court on 3/19/02 at 4:00 pursuant to the Consent Decree entered in this matter (signed by Judge Tucker L Melancon) NOE by: rw/dm (McDonnell, D) Modified on 03/25/2002 (Entered: 03/25/2002)

RECAP
40 May 23, 2002

MOTION by School Board of Evangeline Parish to amend [17-1] Superceding Consent Decree with two Proposed Orders referred to Judge Tucker L Melancon (McDonnell, D) (Entered: 05/23/2002)

RECAP
41 May 24, 2002

ORDER [40-1] motion to amend [17-1] Superceding Consent Decree regarding Response to motion reset to 5/30/02 for [40-1] motion to amend [17-1] Superceding Consent Decree, Motion day set for 1:30 5/31/02 for [40-1] motion to amend [17-1] Superceding Consent Decree before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: gbr (Roaix, G) Modified on 05/29/2002 (Entered: 05/24/2002)

RECAP
42 May 28, 2002

MEMORANDUM (facsimile) by School Board of Evangeline Parish in support of [40-1] motion to amend [17-1] Superceding Consent Decree (McDonnell, D) (Entered: 05/30/2002)

RECAP
43 May 29, 2002

MEMORANDUM by School Board of Evangeline Parish in support of [40-1] motion to amend [17-1] Superceding Consent Decree (original of #42) (McDonnell, D) (Entered: 05/30/2002)

RECAP
44 May 31, 2002

RESPONSE by U S A to [40-1] motion to amend [17-1] Superceding Consent Decree (McDonnell, D) (Entered: 06/03/2002)

RECAP
45 May 31, 2002

ORDER granting [40-1] motion to amend [17-1] Superceding Consent Decree, amending [17-1] superceding consent decree and [0-1] superceding consent decree (signed by Judge Tucker L Melancon) NOE by: rw (McDonnell, D) (Entered: 06/03/2002)

RECAP
46 June 3, 2002

MOTION by U S A to substitute Katherine W Vincent with Proposed Order referred to Judge Tucker L Melancon (Berry, D) (Entered: 06/04/2002)

RECAP
47 June 7, 2002

ORDER granting [46-1] motion to substitute Katherine W Vincent (added Katherine W Vincent) (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 06/10/2002)

RECAP
48 June 21, 2002

Report filed by Evangeline Parish School Board directed by 6/28/01 Superceding Consent Decree WITH EXHIBITS (McDonnell, D) (Entered: 06/24/2002)

RECAP
49 July 3, 2002

MINUTE ENTRY: The meeting which was originally scheduled for 6/27/02 @ 4:00pm was cancelled because of the Court's docket and is rescheduled for Tuesday 7/9/02 @ 3:00pm (signed by Judge Tucker L Melancon) NOE by: pd via fax from Lafayette Clerk's office (Lundy, N) (Entered: 07/08/2002)

RECAP
50 Aug. 5, 2002

ORDER: Judge Melancon will conduct a meeting on 8/7/02 at 1:30 at the office of the Principal, Pine Prairie High School, Pine Prairie, LA. The following persons are required to attend unless excused by the Court under the sanction of contempt of Court: The Superintendent of Evangeline Parish School Board, the President of the Evangeline Parish School Board, School Board Member Wayne Dardeau, Principal Marvelyn Harris, Assistant Principal Cynthia Ardoin, All school bus drivers who are to be employed for the 2002-2003 school year for the transport of children to and/or from the Pine Prairie School facility. All other members of the Evangeline Parish School Board are invited but are not required to attend the meeting. The Superintendent of Schools or his designee is to provide a copy of this Order to all persons required to attend the meeting and is to provide a copy of same to each member of the Evangeline Parish School Board (signed by Judge Tucker L Melancon) NOE via fax by: pd. (McDonnell, D) (Entered: 08/06/2002)

RECAP
Aug. 22, 2002

RECEIVED copy of [50-1] order addressed to Franz Marshall at U S Dept of Justice, 950 Pennsylvanie Ave, Ste 4300, Washington, DC 20530 from U S Postal Svc (McDonnell, D)

51 Sept. 5, 2002

ORDER Judge Melancon will conduct a meeting on Thursday, September 12, 2002 at 3:45 p.m. at the office of the Principal, Pine Prairie High School, Pine Prairie, LA. The following persons are required to attend unless excused by the Court under the sanction of contempt of Court: The Superintendent of the Evcangeline Parish School Board, The President of the Evangeline parish School Board, Principal Marvelyn Harris, Assistant Principal Cynthia Ardoin, All teachers employed byt the Evangeline parish School Board who teach at the Pine Prairie School facility. All memebers of the Evangeline Parish School Board are invited but are not requred to attend the meeting. The Superintendent of Schools or his designee is to provide a copy of this order to all persons requred to attend the meeting and is to provide a copy of same to each member of the Evangeline Parish School Board. set status conference for 3:45 9/12/02 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: gbr (Roaix, G) (Entered: 09/06/2002)

RECAP
52 Sept. 11, 2002

Report filed pursuant to the Superceding Consent Decree of 6/25/01 WITH EXHIBITS (McDonnell, D) (Entered: 09/11/2002)

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53 Sept. 17, 2002

MINUTE ENTRY: The meeting scheduled for September 26, 2002, at 4:00 p.m. is rescheduled for Wednesday, September 25, 2002, at 3:00 p.m. set miscellaneous hearing for 3:00 9/25/02 before Judge Tucker L Melancon (signed by Judge Tucker Melancon) NOE by: cg (Guidry, C) (Entered: 09/18/2002)

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54 Sept. 19, 2002

NOTICE of appearance by U S A (McDonnell, D) (Entered: 09/19/2002)

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55 Oct. 1, 2002

MINUTE ENTRY: The meeting previously scheduled for 9/26/02 which was cancelled due to the closure of the John M Shaw United States Courthouse is rescheduled for 10/17/02 at 3:00, reset miscellaneous hearing for 3:00 10/17/02 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 10/02/2002)

RECAP
56 Oct. 11, 2002

REPORT by School Board of Evangeline Parish filed in response to 06/28/01 [17-1] superceding consent decree/judgment WITH EXHIBITS (former employee) Modified on 10/15/2002 (Entered: 10/15/2002)

RECAP
57 Oct. 18, 2002

MINUTE ENTRY: A meeting was conducted by the Court on 10/17/02 at 3:00 pm pursuant to the Consent Decree entered in this matter (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 10/21/2002)

RECAP
58 Dec. 13, 2002

MINUTE ENTRY: the Thursday 12/19/02 meeting will be conducted at 2:30 pm in the Court's chambers (signed by Judge Tucker L Melancon) NOE via fax by: pd/ NOE by dm. (McDonnell, D) Modified on 12/16/2002 (Entered: 12/16/2002)

RECAP
59 Dec. 20, 2002

MINUTE ENTRY: A meeting was conducted by the Court on 12/19/02 pursuant to the Consent Decree entered in this matter (signed by Judge Tucker L Melancon) NOE by: dm (McDonnell, D) (Entered: 12/23/2002)

RECAP
60 Jan. 17, 2003

MINUTE ENTRY: set status conference for 2:00 1/29/03 before Judge Tucker L Melancon All school board members are required to attend. (signed by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 01/17/2003)

RECAP
61 Feb. 20, 2003

MINUTE ENTRY: The Clerk of Court is instructed to file the Superintendent's statement into the record. (signed by Judge Tucker L Melancon) NOE by: pd via Mail and Fax (Whidden, C) (Entered: 02/20/2003)

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62 Feb. 20, 2003

STATEMENT OF RAYFORD FONTENOT, SUPERINTENDENT OF SCHOOLS, EVANGELINE PARISH February 19, 2003 (Whidden, C) (Entered: 02/20/2003)

RECAP
63 March 11, 2003

MINUTE ENTRY: Quarterly meetings in this matter will be conducted in the Court's chambers on the following dates: 3/26/03 at 3:00 pm, 7/1/03 at 3:00 pm, 9/24/03 at 3:00 pm and 12/16/03 at 3:00 pm; FURTHER ORDERED that the following persons are required to attend: Rayford Fontenot, Jimmy Vidrine, Katherine Vincent, Lisa Taylor and Robert Hammonds set status conference for 3:00 on 3/26/03 before Judge Tucker L Melancon (by Judge Tucker L Melancon) NOE by: cvd (Deville, C) (Entered: 03/11/2003)

RECAP
64 March 27, 2003

MINUTE ENTRY: A meeting was conducted on 3/26/03 at 3:00pm pursuant to the Consent Decree entered in this matter. (signed by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 03/27/2003)

RECAP
65 May 7, 2003

MINUTES OF COURT from Meeting of the Evangeline Parish School Board Members (by Judge Tucker L Melancon) Court Reporter: LaRae Bourque NOE by: cww (Whidden, C) (Entered: 05/14/2003)

RECAP
66 May 13, 2003

MINUTE ENTRY: set quarterly meeting for 1:30 6/26/03 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 05/14/2003)

RECAP
67 June 4, 2003

MINUTE ENTRY: reset Evangeline Parish School Board meeting for 1:30 6/23/03 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 06/05/2003)

RECAP
68 June 9, 2003

Report filed pursuant to the Superceding Consent Decree of 6/28/01 WITH EXHIBITS (McDonnell, D) Modified on 06/09/2003 (Entered: 06/09/2003)

RECAP
69 June 24, 2003

MEMORANDUM OF CONFERNCE: A meeting was conducted on 6/23/03 at 1:30 pursuant to the Consent Decree entered in this matter. (by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 06/26/2003)

RECAP
70 Aug. 15, 2003

ORDER: The Court will conduct a quarterly meeting in open court on 9/24/03 at 3:00; All School board members, the superintendent and his immediate administrative staff, attorney for Evangeline Parish School Board and the attorneys for other parties are required to attend set miscellaneous hearing for 3:00 on 9/24/03 before Judge Tucker L Melancon (signed by Judge Tucker L Melancon) NOE by: cg (Deville, C) (Entered: 08/18/2003)

RECAP
71 Sept. 18, 2003

MOTION w/brief by Assoc Neigh Sch Evangeline Chap Natl, James Kirt Guillory, Randy . McCaulley, Eric Kent Guillory, Greg Ardoin, Jeff . LeBlanc, Eddie Douglas, Gail McDavid, Matt Marcantel, Joycie Mae Thomas, Odelia A Boykins, Steven Craig Thibodeaux, Leah D Duplechain, Lucy Jones Green, Joseph Eugene McDavid to intervene WITH EXHIBITS (Berry, D) (Entered: 09/23/2003)

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73 Sept. 18, 2003

DEFICIENT PLEADING submitted by Assoc Neigh Sch Evangeline Chap Natl, James Kirt Guillory, Randy . McCaulley, Eric Kent Guillory, Greg Ardoin, Jeff . LeBlanc, Eddie Douglas, Gail McDavid, Matt Marcantel, Joycie Mae Thomas, Odelia A Boykins, Steven Craig Thibodeaux, Leah D Duplechain, Lucy Jones Green, Joseph Eugene McDavid; Name of pleading: Motion to Declare Evangeline Parish School Board Unitary and to dismiss all pending proceedings; Reason for deficiency: Filed Motion to Intervene and Needed complaint of intervention. See Doc #71 (Berry, D) (Entered: 09/23/2003)

RECAP
72 Sept. 23, 2003

NOTICE OF SETTING: Motion day set for 11/20/03 for [71-1] motion to intervene before Judge Tucker L Melancon. NOE by: db (Berry, D) (Entered: 09/23/2003)

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75 Sept. 24, 2003

MINUTES OF COURT from Quarterly Meeting (by Judge Tucker L Melancon) Court Reporter: LaRae Bourque NOE by: cww (Whidden, C) (Entered: 09/25/2003)

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76 Sept. 24, 2003

EXHIBIT LIST from Quarterly Meeting of 9/24/03 (Whidden, C) (Additional attachment(s) added on 11/9/2017: # 1 Court Ex. 1) (Guidry, C). (Entered: 09/25/2003)

RECAP
74 Sept. 25, 2003

ORDER TO SHOW CAUSE: Show Cause Hearing set for 2:00 9/25/03 for Arthur Savoy for his willful failure to attend the 9/24/03 meeting, as ordered by the Court. (signed by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 09/25/2003)

RECAP
77 Sept. 25, 2003

MINUTES OF COURT from Show Cause Hearing (by Judge Tucker L Melancon) Court Reporter: LaRae Bourque NOE by: cww (Whidden, C) (Entered: 09/25/2003)

RECAP
Sept. 25, 2003

Show cause hearing held (Whidden, C)

78 Sept. 29, 2003

MOTION by Assoc Neigh Sch Evangeline Chap Natl, James Kirt Guillory, Randy . McCaulley, Eric Kent Guillory, Greg Ardoin, Jeff . LeBlanc, Eddie Douglas, Gail McDavid, Matt Marcantel, Joycie Mae Thomas, Odelia A Boykins, Steven Craig Thibodeaux, Leah D Duplechain, Lucy Jones Green, Joseph Eugene McDavid foro expedited evidentiary hearing on [71-1] motion to intervene with Proposed Order referred to Judge Tucker L Melancon (Berry, D) (Entered: 09/29/2003)

RECAP
79 Oct. 6, 2003

ORDER denying [78-1] motion foro expedited evidentiary hearing on [71-1] motion to intervene; This matter will be taken up in due course based on the Court's schedule. If after reviewing filings made in response to the motion the court deems a hearing to be necessary or apporpriate, a hearing wiil be scheduled. (signed by Judge Tucker L Melancon) NOE by: cww (Whidden, C) (Entered: 10/06/2003)

RECAP
80 Oct. 8, 2003

OPPOSITION by Joann Graham to [71-1] motion to intervene (Whidden, C) (Entered: 10/09/2003)

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81 Oct. 10, 2003

CERTIFICATE OF SERVICE by Joann Graham regarding Plaintiff's Objection to Intervene and Motion to Declare Evangeline Parish Schools Unitary (Whidden, C) (Entered: 10/14/2003)

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82 Oct. 17, 2003

Report filed pursuant to the Superceding Consent Decree filed 10/17/03 WITH EXHIBITS (Berry, D) (Entered: 10/20/2003)

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83 Oct. 22, 2003

TRANSCRIPT filed re: Quarterly Meeting for date of 9/24/03 before Judge Tucker L Melancon (Court Reporter: LaRae Bourque; 1 Volume; 97 Pages) (Whidden, C) (Entered: 10/22/2003)

RECAP
84 Oct. 24, 2003

MOTION by U S A for extension of time to file a response to motion to intervene with Proposed Order referred to Judge Tucker L Melancon (opposition indicated) (Whidden, C) (Entered: 10/24/2003)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

School Desegregation

Key Dates

Filing Date: May 4, 1965

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American schoolchildren and United States Department of Justice.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

School District

Evangeline Parish School Board

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Western District of Louisiana 6:65-cv-11053

Western District of Louisiana 10903

Western District of Louisiana 10912

Western District of Louisiana 11125

U.S. Court of Appeals for the Fifth Circuit 69-02921

U.S. Court of Appeals for the Fifth Circuit 69-15556

U.S. Court of Appeals for the Fifth Circuit 68-25934

Western District of Louisiana 09981

Western District of Louisiana 14516

U.S. Court of Appeals for the Fifth Circuit 04-30356

U.S. Court of Appeals for the Fifth Circuit 72-03033

U.S. Court of Appeals for the Fifth Circuit 65-22527

Supreme Court of the United States 73-1156

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

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

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Reporting

Required disclosure

Student assignment

Order Duration: 1965 - 2012

Issues

General/Misc.:

Buildings

Education

Funding

Racial segregation

Record-keeping

Records Disclosure

School/University Facilities

School/University policies

Staff (number, training, qualifications, wages)

Transportation

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation