Case: United States v. Franklin Parish School Board

3:70-cv-15632 | U.S. District Court for the Western District of Louisiana

Filed Date: May 1, 1970

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 1, 1970, the United States filed the complaint for this case in the U.S. District Court for the Western District of Louisiana against the Franklin Parish (Louisiana) School Board to enjoin the School Board’s operation of a dual school system. The District Court permanently enjoined the School Board’s discriminatory practice and approved a desegregation plan on August 20, 1970. The presiding judge was Judge Benjamin C. Dawkins Jr. The defendants appealed, and the Court of Appeals affirme…

On May 1, 1970, the United States filed the complaint for this case in the U.S. District Court for the Western District of Louisiana against the Franklin Parish (Louisiana) School Board to enjoin the School Board’s operation of a dual school system. The District Court permanently enjoined the School Board’s discriminatory practice and approved a desegregation plan on August 20, 1970. The presiding judge was Judge Benjamin C. Dawkins Jr. The defendants appealed, and the Court of Appeals affirmed the judgement on July 9, 1971.

This case is relatively simple compared to cases that preceded it because it was decided after Hall v. St. Helena Parish School Bd. 417 F.2d 801 (1969). In St. Helena, the Fifth Circuit officially ruled “freedom of choice” plans as inadequate for the purposes of achieving unitary status. For more information on the St. Helena case, see in this Clearinghouse.

In April 1974, two additional plaintiffs, Louisiana Education Association and Franklin Education Association, intervened to compel the district to comply with the integration order.

Over the next several years, the District Court issued orders on several proposed changes to the school district. In October 1974, the court allowed the School Board to consolidate three high schools into two. The plan was not again modified until June 1982, where objective criteria for the demotion of personnel was implemented. In June 1983, the School Board requested an order to allow them to close a junior high school, which the court granted. In July 1990, the School Board requested permission to relocated kindergarten students from Winser Elementary School to the former junior high school campus, so that a college branch of Northeast Louisiana University could be established, presumably at the elementary school site. The request was never addressed in the docket. The school district continuously provided bi-annual reports to the court.

In 1994, the case was reassigned to Judge Melancon. New Plaintiffs, “Save Our Schools,” tried to intervene in the case in July of 1994. “Save Our Schools” was founded by parents who objected to a School Board plan that sought to consolidate schools in the parish. The court denied their effort to intervene, and the Fifth Circuit affirmed that decision. However the School Board plan was never approved by the Department of Justice or the District Court. Throughout the 1990s, the school board and the plaintiff came to a number of consent decrees approved by the court, although no further details on the content of the decrees are available.

Between 2000 and 2004, the school district submitted numerous requests to consolidate schools and reassign students to new schools, which were each granted. On February 26, 2004, the Court approved a motion to amend the district's Student Assignment Plan to permit transfers under the No Child Left Behind Act. On May 24, 2004, the Court approved a new school consolidation plan.

The School Board has filed bi-annual reports since the date of the injunction. On March 1, 2013 the School Board filed its Motion for Declaration of Unitary Status. The District Court officially declared the School Board to have achieved unitary status on August 6, 2013 and the case ended then.

Available Opinions

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

U.S. v. Franklin Parish School Bd., 2013 WL 4017093 (2013)

U.S. v. Franklin Parish School Bd. v. Save Our Schools, 47 F.3d 755 (1995)

Summary Authors

Alaael-Deen Shilleh (4/30/2017)

Emma Holcomb (11/7/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5055290/parties/u-s-a-v-franklin-parish/


Judge(s)

Brown, John Robert (Louisiana)

Cabot, Ted (Florida)

DeMoss, Harold R. Jr. (Texas)

Godbold, John Cooper (Louisiana)

Hayes, Karen L. (Louisiana)

James, Robert Gillespie (Louisiana)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Attorneys(s) for Plaintiff

Falkinburg, Thomas (District of Columbia)

Guzman, Javier M (District of Columbia)

Judge(s)

Brown, John Robert (Louisiana)

Cabot, Ted (Florida)

DeMoss, Harold R. Jr. (Texas)

Godbold, John Cooper (Louisiana)

Hayes, Karen L. (Louisiana)

James, Robert Gillespie (Louisiana)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Attorneys(s) for Plaintiff

Falkinburg, Thomas (District of Columbia)

Guzman, Javier M (District of Columbia)

Kassabian, Tamara Hardney (District of Columbia)

Marshall, Franz (District of Columbia)

Maurer, Michael S. (District of Columbia)

Vincent, Katherine (Louisiana)

Attorneys(s) for Defendant

Coenen, William Robert Jr. (Louisiana)

Dill, Pamela W (Louisiana)

Hammonds, Robert L. (Louisiana)

Knight, John B. Jr. (Louisiana)

Ward, John F. Jr. (Louisiana)

Wright, Jack Jr. (Louisiana)

Other Attorney(s)

Foti, Charles C. Jr. (Louisiana)

Guste, William J. Jr. (Louisiana)

Hunt, Joan E. (Louisiana)

LeBlanc-Smith, Willa Rebecca (Louisiana)

Thompson, Arthur G. (Louisiana)

Documents in the Clearinghouse

Document

Docket

USA v. Franklin Parish

Feb. 17, 2006 Docket

Docket

USA v. Franklin Parish

Aug. 6, 2013 Docket

[Order]

Hall v. St. Helena Parish School Board

U. S. Court of Appeals for the Fifth Circuit

417 F.2d 801

May 28, 1969 Order/Opinion

[Order]

United States of America v. Franklin Parish School Board

U. S. Court of Appeals for the Fifth Circuit

47 F.3d 755

March 20, 1995 Order/Opinion
71

United States’ Brief Containing Proposed Finding of Facts and Conclusions of Law

United States of America v. Franklin Parish School Board

July 12, 2013 Findings Letter/Report

Ruling

2016 WL 4017093

Aug. 6, 2013 Order/Opinion
73

Ruling

2013 WL 4017093

Aug. 6, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5055290/u-s-a-v-franklin-parish/

Last updated May 20, 2022, 3:40 a.m.

ECF Number Description Date Link
1

PAPER DOCKET SHEET of filings through 2/17/06. (crt,Yocum, M) (Entered: 04/21/2006)

April 21, 2006
2

MEMORANDUM ORDER: Upon review of this matter, the Court finds that there has been some apparent confusion about the School Board's reporting requirements. Accordingly, the Court, upon its own motion, hereby AMENDS the standing Decree and amendments as stated in this Memorandum Order. Any party desiring a status conference to discuss the Court's amendment to the reporting requirements may file the appropriate motion. Signed by Judge Robert G James on 8/14/08. (crt,Dickerson, D)

1 Searchable Copy of Opinion

View on PACER

Aug. 14, 2008 RECAP
53

RULING re 44 First MOTION for Relief Under All Writs Act filed by USA. Signed by Judge Robert G James on 2/7/13. (crt,DickersonSld, D)

1 Searchable Copy of Opinion

View on PACER

Feb. 7, 2013 RECAP
73

MEMORANDUM RULING re 57 MOTION to Dismiss Injunction and Declare Unitary Status filed by School Board of Franklin Parish. Signed by Judge Robert G James on 8/6/13. (crt,Crawford, A)

1 Searchable Copy of Opinion

View on PACER

Aug. 6, 2013 RECAP
3

STATUS REPORT Annual October 15th Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits, # 2 Exhibits)(aty,Hammonds, Robert) (Entered: 10/14/2008)

Oct. 14, 2008
4

STATUS REPORT Supplement to October 15, 2008 Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits)(aty,Hammonds, Robert) (Entered: 10/20/2008)

Oct. 20, 2008
5

MINUTE ENTRY: re 2 Memorandum Order. The Court has reviewed the annual report filed in compliance with the Court's August 14, 2008 Order. Any party desiring a conference to discuss the status of the case or the steps for achieving unitary status may file the appropriate motion. Signed by Judge Robert G James on 11/3/08. (crt,DickersonSld, D) (Entered: 11/04/2008)

Nov. 4, 2008
6

MAIL RETURNED as Undeliverable: Mail sent to Arthur G Thompson on behalf of Louisiana Education Association, Franklin Education Association, 1116 Pierre Ave, Shreveport, LA 71103, re: 5 Minute Entry returned marked: Attempted not known unable to forward. (crt,Reasor, Mary) (Entered: 11/10/2008)

Nov. 7, 2008
7

MAIL RETURNED as Undeliverable: Mail sent to John B Knight, Jr, P O Box 667, Winnsboro, LA 71295, re: 5 Minute Entry, returned marked: Return to sender, not delivered as addressed, unable to forward. (crt,Reasor, Mary) (Entered: 11/13/2008)

Nov. 13, 2008
8

STATUS REPORT Bi−Annual Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits A−B, # 2 Exhibits C−F)(aty,Hammonds, Robert) (Entered: 06/05/2009)

June 5, 2009
9

CORRECTED STATUS REPORT Bi−Annual Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits A−B, # 2 Exhibits C−F)(aty,Hammonds, Robert) Modified on 6/8/2009 to edit text (Reasor, Mary). (Entered: 06/05/2009)

June 5, 2009
10

MEMORANDUM ORDER: The Franklin Parish School Board ("the School Board") has failed to file an annual report as required by the Court's August 14, 2008 Order (2). The Court notes that the School Board was not required to, but filed a report in June 2009. However, the School Board has failed to file the report in October 2009. Accordingly, IT IS ORDERED that the School Board file the report no later than fourteen (14) days from the date of this order or file a written response to show cause why it should not be sanctioned for failing to comply with the Court's August 14, 2008 Order. Signed by Chief Judge Robert G James on 11/4/09. (crt,DickersonSld, D) (Entered: 11/05/2009)

Nov. 5, 2009
11

STATUS REPORT Annual Report by School Board of Franklin Parish. (aty,Hammonds, Robert) (Entered: 11/09/2009)

Nov. 9, 2009
12

MINUTE ENTRY: re 11 Status Report filed by School Board of Franklin Parish> Having reviewed the annual report filed by the School Board, the Court would like to discuss the possibility of the School Board's moving toward unitary status and the termination of the litigation in this case. District Judge Status Conference set for 12/8/2009 at 3:00 PM in Monroe, 2nd floor before Chief Judge Robert G James. In addition to counsel, the Court requests the attendance of the Superintendent and the President of the School Board or his or her designee. Signed by Chief Judge Robert G James on 11/12/09. (crt,DickersonSld, D) (Entered: 11/12/2009)

Nov. 12, 2009
13

MINUTE ENTRY: re 12 Minute Entry Setting Status Conference. The status conference set for December 8, 2009 has been RE−SET for DECEMBER 1, 2009 at 3:00 p.m. In addition to counsel, the Court requests the attendance of the Superintendent and the President of the School Board or his or her designee. Signed by Chief Judge Robert G James on 11/12/09. (crt,DickersonSld, D) (Entered: 11/12/2009)

Nov. 12, 2009

Set/Reset Hearings: District Judge Status Conference re−set for 12/1/2009 at 3:00 PM in Monroe, 2nd floor before Chief Judge Robert G James per minute entry 13 . (crt,DickersonSld, D) (Entered: 11/12/2009)

Nov. 12, 2009
14

ELECTRONIC MINUTE ENTRY: The Status Conference is RESET for 12/14/2009 at 11:00 AM in Chambers before Chief Judge Robert G James. Signed by Chief Judge Robert G James on 11/13/09. (crt,Floyd, J) (Entered: 11/13/2009)

Nov. 13, 2009
15

MAIL RETURNED as Undeliverable: Mail sent to Arthur G Thompson, Stone &Thompson, 1116 Pierre Ave, Shreveport, LA 71103 re: 10 Memorandum Order returned marked: Return to sender, not delivered as addressed, unable to forward. (crt,Reasor, M) (Entered: 11/16/2009)

Nov. 13, 2009
16

MAIL RETURNED as Undeliverable: Mail sent to Arthur G Thompson, 1116 Pierre Ave, Shreveport, LA 71103, re: 12 Minute Entry, returned marked: Unable to locate current contact information. (crt,Keifer, K) (Entered: 11/17/2009)

Nov. 16, 2009
17

MAIL RETURNED as Undeliverable: Mail sent to Arthur G Thompson, 1116 Pierre Ave, Shreveport, LA 71103, re: 13 Minute Entry, returned marked: Unable to locate current contact information. (crt,Keifer, K) (Entered: 11/17/2009)

Nov. 16, 2009
19

MAIL RETURNED as Undeliverable: Mail sent to Arthur G Thompson, Stone &Thompson, 1116 Pierre Ave, Shreveport, LA 71103, re: 14 Minute Entry, Set Hearings returned marked: Return to Sender, not deliverable as addressed, unable to forward. (crt,Reasor, M) (Entered: 12/02/2009)

Nov. 23, 2009
18

NOTICE of Appearance by Tamara Hardney Kassabian on behalf of USA (crt,Reasor, M) (Entered: 12/02/2009)

Nov. 25, 2009
20

MINUTES for proceedings held before Chief Judge Robert G James: STATUS CONFERENCE held on 12/14/2009. Following discussion with both parties, the Court finds it appropriate to ORDER, on its own motion, that the DOJ begin a unitary status review in this case. DOJ to file a Status Report due by 3/26/2010. (crt,Yocum, M) (Entered: 12/14/2009)

Dec. 14, 2009
21

STATUS REPORT by USA. (Attachments: # 1 Exhibits)(aty,Kassabian, Tamara) (Entered: 03/26/2010)

March 26, 2010
22

NOTICE of Appearance by Katherine W Vincent on behalf of USA (aty,Vincent, Katherine) (Entered: 04/06/2010)

April 6, 2010
23

MINUTE ENTRY: re 21 Status Report filed by USA. The Court has reviewed the status report filed by the DOJ on March 26, 2010. The DOJ and the Franklin Parish School Board must file a joint status report with the Court by June 30, 2010, indicating whether the parties have reached agreement on any or all the issues identified int he March 26, 2010 DOJ status report; what issues, if any, remain; and what other actions may need to be taken before the Court can reach a determination on unitary status ( Compliance Deadline set for 6/30/2010.) Signed by Chief Judge Robert G James on 4/16/10. (crt,DickersonSld, D) (Entered: 04/16/2010)

April 16, 2010
24

STATUS REPORT (May 15th Bi−Annual Report) by School Board of Franklin Parish. (Attachments: # 1 Exhibits A−C, # 2 Exhibits D−F)(aty,Hammonds, Robert) (Entered: 05/17/2010)

May 17, 2010
25

STATUS REPORT by School Board of Franklin Parish, USA. (aty,Kassabian, Tamara) (Entered: 06/30/2010)

June 30, 2010
26

MINUTE ENTRY: re 25 Status Report filed by School Board of Franklin Parish and USA. The Court has reviewed the Joint Status Report. Given the continued efforts of the parties to resolve any issues and work toward the goal of unitary status, the Court will not require any further status reports at this time. Instead, a telephone status conference is set in this matter. Counsel for the United States Department of Justice should initiate the call and contact Chambers at 318−322−6230 when all counsel are present. ( District Judge Telephone Status Conference set for 11/8/2010 at 9:30 AM before Chief Judge Robert G James.). Signed by Chief Judge Robert G James on 7/8/10. (crt,DickersonSld, D) (Entered: 07/08/2010)

July 8, 2010
27

STATUS REPORT /Annual October 15th Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits A−B)(aty,Hammonds, Robert) (Entered: 10/07/2010)

Oct. 7, 2010
28

MINUTES for proceedings held before Chief Judge Robert G James: TELEPHONE STATUS CONFERENCE held on 11/8/2010. Given the progress made by the parties, the Court finds no need to take further action at this time; however, a telephone status conference is hereby set on June 13, 2011, at 10:00 A.M. The DOJ shall initiate the call and contact Chambers at (318)322−6230 when all counsel are present. (crt,DickersonSld, D) Modified on 11/8/2010 to correct June 2010 to June 2011 (DickersonSld, D). (Entered: 11/08/2010)

Nov. 8, 2010

Set/Reset Hearings: District Judge Telephone Status Conference set for 6/13/2011 at 10:00 AM before Chief Judge Robert G James. (crt,DickersonSld, D) (Entered: 11/08/2010)

Nov. 8, 2010
29

MOTION to Substitute Attorney Thomas Falkinburg in place of Tamara Hardney Kassabian with consent by USA. Motions referred to Karen L Hayes. (Attachments: # 1 Text of proposed order)(aty,Vincent, Katherine) (Entered: 04/19/2011)

April 19, 2011
30

ORDER granting 29 Motion to Substitute Attorney. Added attorney Thomas Falkinburg for USA. Attorney Tamara Hardney Kassabian terminated. Signed by Magistrate Judge Karen L Hayes on 4/20/11. (crt,Crawford, A) (Entered: 04/21/2011)

April 21, 2011
31

STATUS REPORT − Annual May Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits A−C, # 2 Exhibits D−F)(aty,Hammonds, Robert) (Entered: 05/23/2011)

May 23, 2011
32

MINUTES for proceedings held before Chief Judge Robert G James: TELEPHONE STATUS CONFERENCE held on 6/13/2011. Mr. Falkinburg reported that the School Board has provided information requested by the DOJ. Mr. Falkinburg has requested some additional information, and the School Board anticipates that it will be able to provide that information this summer. The Court encouraged the parties to file a motion for partial unitary status on any issued they resolve this summer. In light of the continued progress of the parties, the Court will not take any action at this time, but another telephone status conference is set for September 7, 2011, at 1:30 P.M. The DOJ will initiate the call and contact Chambers at (318)322−6230 when all counsel are present. ( District Judge Telephone Conference set for 9/7/2011 at 1:30 PM before Chief Judge Robert G James). (crt,DickersonSld, D) (Entered: 06/14/2011)

June 13, 2011
34

STATUS REPORT /Annual October 15th Report by School Board of Franklin Parish. (Attachments: # 1 Exhibit)(aty,Hammonds, Robert) (Entered: 10/19/2011)

Oct. 19, 2011
35

MINUTES for proceedings held before Chief Judge Robert G James: TELEPHONE STATUS CONFERENCE held on 2/7/2012. Mr. Falkinburg reported that the School board has provided additional information on transfers and discipline. The School board has agreed to send flyers to parents and to publish a notice in The Franklin Sun about the majority−to−minority and other transfer policies. The parties are working together on remaining issues regarding discipline. After some discussion, the Court set the following deadlines: The School Board will file a motion for partial unitary status if it wishes by March 30, 2012. The School Board will provide a copy of the flyer and the newspaper advertisement on its transfer policies to DOJ by April 16, 2012. The School Board will provide the remaining data on discipline to DOJ by June 15, 2012. DOJ will respond to the School Board's data on discipline by July 16, 2012. A telephone status conference is set for July 20, 2012, at noon. The DOJ shall initiate the call and contact Chambers at (318)322−6230 when all counsel are present. By the time of the conference, it is the Court's expectation that the parties will be prepared to identify all resolved unitary status issues, to provide a schedule for resolving any remaining unitary status issues, and/or request a hearing on those issues which cannot be resolved amicably.( Compliance Deadline set for 3/30/2012 to file motion for partial unitary status. Second Compliance Deadline set for 4/16/2012.)( District Judge Telephone Conference set for 7/20/2012 at 12:00 noon before Chief Judge Robert G James.) (crt,DickersonSld, D) (Entered: 02/07/2012)

Feb. 7, 2012
36

STATUS REPORT − Annual May 15th Report by School Board of Franklin Parish. (Attachments: # 1 Exhibit A, # 2 Exhibit B pt. 1, # 3 Exhibit B pt. 2, # 4 Exhibit C, # 5 Exhibit D pt. 1, # 6 Exhibit D pt. 2, # 7 Exhibit D pt. 3, # 8 Exhibit D pt. 4, # 9 Exhibit E, # 10 Exhibit F pt. 1, # 11 Exhibit F pt. 2)(aty,Hammonds, Robert) (Entered: 05/18/2012)

May 18, 2012
37

MINUTES for proceedings held before Chief Judge Robert G James: TELEPHONE STATUS CONFERENCE held on 7/20/2012. (crt,DickersonSld, D) (Entered: 07/20/2012)

July 20, 2012
38

STATUS REPORT −October 15th Report by School Board of Franklin Parish. (Attachments: # 1 Exhibits A &B)(aty,Hammonds, Robert) (Entered: 10/19/2012)

Oct. 19, 2012
39

Unopposed MOTION to Extend Deadlines re 37 Telephone Conference by School Board of Franklin Parish. Motions referred to Karen L Hayes. (Attachments: # 1 Certificate of Consent, # 2 Proposed order)(aty,Hammonds, Robert) (Entered: 10/19/2012)

Oct. 19, 2012

Motions Transferred regarding 39 Unopposed MOTION to Extend Deadlines re 37 Telephone Conference . Motions referred to Robert G James. (crt,Alexander, E) (Entered: 10/22/2012)

Oct. 19, 2012
40

ORDER granting 39 Motion Set New Deadlines. On or before December 15, 2012, the School Board shall submit a proposed consent decree to the Department of Justice. Additionally, on or before February 15, 2012, the School Board and the DOJ shall file a joint proposed consent decree and/or the School Board shall file a motion for unitary status as to all Green factors to which the parties do not reach an agreement. If it is necessary for the School Board to file a motion for unitary status on one or more of the Green factors, the DOJ shall file a written response within twenty−one days of the date the motion is filed. IT IS FURTHER ORDERED that Pamela Dill is enrolled as counsel of record in this matter. Signed by Chief Judge Robert G James on 10/22/12. (crt,DickersonSld, D) (Entered: 10/22/2012)

Oct. 22, 2012
41

"STRICKEN" First MOTION For Relief Under All Writs Act by USA. Motions referred to Karen L Hayes. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit ExhibitA/Interrogatories, # 3 Exhibit ExhibitB/Act2, # 4 Exhibit ExhibitC/Tangipahoaruling, # 5 Proposed order)(aty,Falkinburg, Thomas) Modified on 12/7/2012 to edit text (Dauterive, C). Modified on 12/12/2012 (DickersonSld, D). (Entered: 12/06/2012)

Dec. 6, 2012
42

(VACATED) NOTICE of Motion Setting regarding 41 First MOTION For Relief Under All Writs Act . Motions referred to Robert G James. (crt,Dauterive, C) Modified on 12/10/2012 to reflect Notice of Motion Setting is "Vacated" as 41 Motion For Relief Under All Writs Act is referred to Judge James (Dauterive, C). (Entered: 12/07/2012)

Dec. 7, 2012

NOTICE of Corrective Action regarding 42 Notice of Motion Setting re 41 Motion for Relief Under All Writs Act. Action taken: Modified docket entry to reflect Notice of Motion Setting is VACATED as 41 Motion for Relief Under All Writs Act is referred to Judge James. (crt,Dauterive, C) (Entered: 12/10/2012)

Dec. 7, 2012
43

First MOTION to Strike 41 First MOTION For Relief Under All Writs Act by USA. Motions referred to Karen L Hayes. (Attachments: # 1 Proposed order)(aty,Falkinburg, Thomas) (Entered: 12/10/2012)

Dec. 10, 2012
44

First MOTION for Relief Under All Writs Act by USA. Motions referred to Karen L Hayes. (Attachments: # 1 Memorandum / Brief, # 2 Interrgogatories, # 3 state law, # 4 Tangipahoa order, # 5 Proposed order)(aty,Falkinburg, Thomas) Modified on 1/22/2013 to edit text (Dauterive, C). (Entered: 12/10/2012)

Dec. 10, 2012

Motions Transferred regarding 43 MOTION to Strike 41 MOTION For Relief Under All Writs Act , 44 MOTION for Writ For Relief Under All Writs Act . Motions referred to Robert G James. (crt,Dauterive, C) (Entered: 12/11/2012)

Dec. 10, 2012
45

ORDER granting 43 Motion to Strike 41 First MOTION For Relief Under All Writs Act . The Court will consider the United States' properly filed Motion for Relief Under the All Writs Act 44 . Signed by Judge Robert G James on 12/12/12. (crt,DickersonSld, D) (Entered: 12/12/2012)

Dec. 12, 2012
46

STATUS REPORT by USA. Motions referred to Karen L Hayes. (aty,Falkinburg, Thomas) Modified on 12/21/2012 to correctly identify document (Dauterive, C). (Entered: 12/21/2012)

Dec. 21, 2012

NOTICE of Corrective Action to Thomas Falkinburg on behalf of USA regarding document electronically filed in error as 46 MOTION to Serve. Action taken: Modified docket entry to correctly identify as 46 STATUS REPORT. (crt,Dauterive, C) (Entered: 12/21/2012)

Dec. 21, 2012
47

MINUTE ENTRY: re 44 First MOTION for Relief Under All Writs Act filed by USA. Set Deadline as to 44 First MOTION for Writ For Relief Under All Writs Act : LA Dept of Education Response due by 1/11/2013. Signed by Judge Robert G James on 12/27/12. A copy of this minute entry mailed to Joan E Hunt as ordered. (Attachments: # 1 Letter from LA Dept of Education)(crt,Yocum, M) (Entered: 12/27/2012)

Dec. 27, 2012
48

MINUTE ENTRY: re 47 Minute Entry. The LDOE has indicated that it does wish to file an opposition and requested an extension of time. The Court hereby extends the deadline for the LDOE's filing of a written opposition to January 18, 2013. Signed by Judge Robert G James on 1/7/13. (crt,DickersonSld, D) (Entered: 01/07/2013)

Jan. 7, 2013

Set/Reset Deadlines as to 44 First MOTION for Relief Under All Writs Act . Responses due by 1/18/2013. (crt,DickersonSld, D) (Entered: 01/07/2013)

Jan. 7, 2013
49

MEMORANDUM in Opposition re 44 First MOTION for Relief Under All Writs Act filed by Louisiana Department of Education. (Attachments: # 1 Exhibit "A", # 2 Proposed order)(aty,LeBlanc−Smith, Willa) Modified on 1/22/2013 to reflect deficient status (Dauterive, C). Modified on 1/23/2013 to remove deficient status

Jan. 18, 2013
51

MINUTE ENTRY: re 44 First MOTION for Relief Under All Writs Act filed by USA and 49 Memorandum in Opposition to Motion filed by LA Dept of Education. Having reviewed and considered the motion and opposition memorandum, the Court finds that a telephone status conference is appropriate in this case. Since an identical motion is currently pending in case USA v Lincoln Parish, Case No. 66−12071, the Court will hold a Joint Telephone Status Conference in both cases on January 24, 2013, at 3:00 P.M. The DOJ should arrange the conference call and provide the information to all counsel and to the court. ( District Judge Telephone Conference set for 1/24/2013 at 3:00 PM before Judge Robert G James). Signed by Judge Robert G James on 1/23/13. (crt,DickersonSld, D) (Entered: 01/23/2013)

Jan. 23, 2013

NOTICE of Corrective Action regarding 49 Memorandum in Opposition to Motion and 50 Notice of Deficiency. Action taken: Removed Deficient status as to 49 Memorandum in Opposition to Motion, and modified docket entry to reflect 50 Notice of Deficiency is "Vacated". (crt,Dauterive, C) (Entered: 01/23/2013)

Jan. 23, 2013
52

MINUTES for proceedings held before Judge Robert G James: TELEPHONE STATUS CONFERENCE held on 1/24/2013. Counsel for DOJ and LDOE agreed to confer to discuss whether they could resolve the pending motions. Counsel were instructed to notify Ms. May no later than January 30, 2013, whether they had reached a resolution. If counsel do not reach full resolution on the issues raised in the motions, the Court will issue a ruling and order. ( Compliance Deadline set for 1/30/2013 to notify Ms. May). (crt,DickersonSld, D) (Entered: 01/25/2013)

Jan. 24, 2013
54

ORDER: For the reasons set forth in this Court's Ruling 53 , the United States of America's ("DOJ") 44 Motion for Relief under the All Writs Act is GRANTED IN PART and DENIED IN PART as MOOT. Signed by Judge Robert G James on 2/7/13. (crt,DickersonSld, D) (Entered: 02/07/2013)

Feb. 7, 2013
55

Unopposed MOTION FOR EXTENSION of Deadline to File Motion for Unitary Status with consent by School Board of Franklin Parish. Motions referred to Karen L Hayes. (Attachments: # 1 Exhibit A, # 2 Proposed order)(aty,Dill, Pamela) (Entered: 02/15/2013)

Feb. 15, 2013

Motions Transferred regarding 55 Unopposed MOTION FOR EXTENSION of Deadline to File Motion for Unitary Status with consent. Motions referred to Robert G James. (crt,Alexander, E) (Entered: 02/15/2013)

Feb. 15, 2013
56

ORDER granting 55 Motion for Extension. IT IS ORDERED that on or before March 1, 2013, the School Board shall file a motion for unitary status as to all Green factors; the DOJ shall respond within twenty−one (21) days after filing by the School Board; and, if necessary, the School board shall reply within ten (10) days after filing by the DOJ. Compliance Deadline set for 3/1/2013. Signed by Judge Robert G James on 2/15/13. (crt,DickersonSld, D) (Entered: 02/15/2013)

Feb. 15, 2013
57

MOTION to Dismiss Injunction and Declare Unitary Status by School Board of Franklin Parish. Motions referred to Karen L Hayes. (Attachments: # 1 Memorandum / Brief, # 2 Exhibits 1−3, # 3 Exhibits 4−5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Table of Contents, # 7 Table of Authorities)(aty,Dill, Pamela) (Entered: 03/01/2013)

March 1, 2013
58

NOTICE of Motion Setting regarding 57 MOTION to Dismiss Injunction and Declare Unitary Status. Motions referred to Robert G James. (crt,Dauterive, C) (Entered: 03/05/2013)

March 5, 2013
60

MINUTE ENTRY/ORDER Setting 57 MOTION to Dismiss Injunction and Declare Unitary Status Motion Hearing set for 5/13/2013 at 9:00 AM in Monroe, 2nd floor before Judge Robert G James. The deadline for the School Board to file a reply memorandum is extended from April 1, 2013, to April 22, 2013. ( Compliance Deadline set for 4/22/2013.). Signed by Judge Robert G James on 4/12/13. (crt,DickersonSld, D) (Entered: 04/12/2013)

April 12, 2013
61

REPLY to Response to Motion re 57 MOTION to Dismiss Injunction and Declare Unitary Status filed by School Board of Franklin Parish. (Attachments: # 1 Exhibits A−B, # 2 Exhibits C−E, # 3 Table of Contents, # 4 Table of Authorities)(aty,Dill, Pamela) (Entered: 04/22/2013)

April 22, 2013
62

MINUTES for proceedings held before Judge Robert G James: MOTION HEARING held on 5/13/2013 re 57 MOTION to Dismiss Injunction and Declare Unitary Status filed by School Board of Franklin Parish. Testimony and evidence heard this date. Hearing will resume Tuesday, May 14, 2013, at 9:00 a.m. (Court Reporter: Debbie Lowery) (crt,DickersonSld, D) (Entered: 05/13/2013)

May 13, 2013
63

MINUTES for proceedings held before Judge Robert G James: MOTION HEARING held on 5/14/2013 re 57 MOTION to Dismiss Injunction and Declare Unitary Status filed by School Board of Franklin Parish. After testimony and evidence the Court took this motion under advisement. The transcript of the proceedings is due May 24, 2013 ordered by defendant. The Defendant shall file their brief by June 14, 2013. The USA should then file their brief by July 5, 2013, and the Defendant shall file their reply by July 12, 2013. The parties stipulated that Franklin Parish School Boards Exhibit D7 be admitted in its entirety. Exhibit list and witness list filed separately. ATTENTION FLAG SET REGARDING BRIEFING SCHEDULE. (Court Reporter: Debbie Lowery) (crt,DickersonSld, D) (Entered: 05/14/2013)

May 14, 2013
64

WITNESS LIST filed from Motion Hearing (restricted access). (crt,DickersonSld, D) (Entered: 05/14/2013)

May 14, 2013
65

EXHIBIT LIST from Motion Hearing. (crt,DickersonSld, D) (Entered: 05/14/2013)

May 14, 2013
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings filed for Motion Hearing held on 5/13/2013 before Judge Robert James. Court Reporter: Debbie Lowery, Telephone number 318−361−0380. Pages: 75 Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER or the Court Reporter. Redaction Request due 6/17/2013. Redacted Transcript Deadline set for 6/27/2013. Release of Transcript Restriction set for 8/26/2013. (crt,Lowery, D) (Entered: 05/24/2013)

May 24, 2013
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings filed for Motion Hearing − Volume II held on 5/14/2013 before Judge Robert James. Court Reporter: Debbie Lowery, Telephone number 318−361−0380. Pages: 132 Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 6/17/2013. Redacted Transcript Deadline set for 6/27/2013. Release of Transcript Restriction set for 8/26/2013. (crt,Lowery, D) (Entered: 05/24/2013)

May 24, 2013
68

Unopposed MOTION FOR EXTENSION of Deadline to File Post−Hearing Brief with consent by School Board of Franklin Parish. Motions referred to Karen L Hayes. (Attachments: # 1 Certificate re Consent, # 2 Proposed order)(aty,Dill, Pamela) (Entered: 06/13/2013)

June 13, 2013

Motions Transferred regarding 68 Unopposed MOTION FOR EXTENSION of Deadline to File Post−Hearing Brief with consent. Motions referred to Robert G James. (crt,Dauterive, C) (Entered: 06/13/2013)

June 13, 2013
69

ORDER granting 68 Motion for Extension of Deadline to File Post−Hearing Brief. Franklin Parish School Board shall file its brief on or before 6/21/2013; the response shall be filed on or before 7/12/2013; and the reply shall be filed on or before 7/19/2013. Signed by Judge Robert G James on 06/14/13. (crt,Yocum, M) (Entered: 06/14/2013)

June 14, 2013
70

PROPOSED FINDINGS OF FACT by School Board of Franklin Parish. (Attachments: # 1 Table of Contents, # 2 Table of Authorities)(aty,Dill, Pamela) (Entered: 06/21/2013)

June 21, 2013
71

RESPONSE Post Hearing Brief by USA re 70 Proposed Findings of Fact . (aty,Vincent, Katherine) (Entered: 07/12/2013)

July 12, 2013
72

Reply to United States' Response to 70 PROPOSED FINDINGS OF FACT by School Board of Franklin Parish . (aty,Dill, Pamela) Modified on 7/22/2013 to add link (Dunford, T). (Entered: 07/19/2013)

July 19, 2013
74

JUDGMENT granting 57 Motion for Declaration of Unitary Status and to Dismiss. The District is DECLARED unitary as to all areas of operation and the permanent injunction previously entered is DISSOLVED. This matter is DISMISSED WITH PREJUDICE. Signed by Judge Robert G James on 8/6/13. (crt,Crawford, A) (Entered: 08/06/2013)

Aug. 6, 2013

State / Territory: Louisiana

Case Type(s):

School Desegregation

Key Dates

Filing Date: May 1, 1970

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Franklin Parish School District, School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 1970 - 2013

Content of Injunction:

Busing

Hire

Monitoring

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Reporting

Required disclosure

Student assignment

Issues

General:

Disparate Treatment

Education

Racial segregation

School/University Facilities

School/University policies

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run