Case: Miller & United States of America v. Board of Education of Gadsden

4:63-cv-00574 | U.S. District Court for the Northern District of Alabama

Filed Date: Nov. 18, 1963

Closed Date: 2005

Clearinghouse coding complete

Case Summary

This school desegregation case was filed in the U.S. District Court for the Northern District of Alabama on 11/18/1963 and ended in 2005. Brought by private plaintiffs and the United States, it dealt with the public schools in the city of Gadsden, Alabama.Note: Most of the following summary comes from the decision by Judge L. Scott Coogler declaring the case over and the schools "unitary" (a legal declaration that the school district is in compliance with the Equal Protection Clause's mandate …

This school desegregation case was filed in the U.S. District Court for the Northern District of Alabama on 11/18/1963 and ended in 2005. Brought by private plaintiffs and the United States, it dealt with the public schools in the city of Gadsden, Alabama.

Note: Most of the following summary comes from the decision by Judge L. Scott Coogler declaring the case over and the schools "unitary" (a legal declaration that the school district is in compliance with the Equal Protection Clause's mandate of integrated schools) on August 26, 2005, after more than 40 years of court ordered desegregation efforts. There was only one published opinion on Westlaw for the case (detailed below).

In 1963, the plaintiff, Catherine Miller, through her mother, filed this action to enjoin the school segregation in Gadsden, Alabama.

On December 27, 1963, the court found that the Board was violating the Constitution by operating a dual school district; it ordered the Board to desegregate under a "freedom of choice" plan. However, in the wake of the Supreme Court's decision in Green v. County School Board of New Kent County, 391 U.S. 430 (1968) disapproving of freedom-of-choice as a desegregation remedy, the district court ordered the Board to revise its plan. On July 25, 1969, the Board did so.

Between 1969 and 1975, the district court approved various amendments and additions to the Board's plan. One of these amendments concerned an issue that ultimately reached the Fifth Circuit. In March of 1972, the plaintiffs filed a motion for further relief, requesting that the Board amend its plan to comply with the Supreme Court's decision in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971). The district court approved the Board's amendments, but on appeal, the Fifth Circuit found the Board's changes inadequate in light of Swann. 482 F.2d 1234 (5th Cir. Aug. 7, 1973).

In April 1975, the Board adopted a plan based on a University of Tennessee Study, which attempted to maximize desegregation without resorting to busing. Instead, it shifted the boundaries within the district and more strictly enforced zone attendance.

On October 23, 1987, the district court entered a show cause order why the case should not be dismissed. However, on October 11, 1988, the court stayed all action on its desegregation cases pending the resolution of several related cases on appeal to the Eleventh Circuit. Finally, in 1995, the parties jointly agreed to a consent decree. The order required the Board to implement a voluntary "majority-to-minority" student transfer policy. It also listed actions pursuant to all areas outlined in Green and Freeman v. Pitts, 503 U.S. 467 (1992). The consent decree lasted four years.

In May 1999, the Board petitioned for -- and was granted -- unitary status by the district court (Judge William Acker). However, the Eleventh Circuit reversed and remanded for further factual finding. Miller v. Board of Education of Gadsden, Alabama, No. 00-1224 (11th Cir. Aug. 8, 2001).

On July 14, 2003, the district court approved another consent decree. (Later modified again in 2004.) The decree provided for the consolidation of the system's high schools and the closing of one elementary school. It concluded that the Board had achieved unitary status in many of the Green areas and discharged its jurisdiction over those areas. It also outlined the Board's remaining obligations. It finally provided that within 30 days of the end of the 2004-05 school year, the Board could file a motion for full unitary status.

On June 10, 2005, the Board again filed a motion for unitary status. The United States, which had earlier intervened in the case, stated that it had no objections -- as did the private plaintiffs, who also reserved the right to reverse their view after a public hearing.

On August 26, 2005, the court (at this point, Judge L. Scott Coogler) declared the school system unitary. In his order, Judge Coogler assessed favorably the Board's progress in the remaining areas of the 2003 decree, including, among other things, the Majority-to-Minority Transfer Policy, Facilities, Student Assignment, and Future Action.

On February 11, 2016, the district court denied the private plaintiff's motion for reconsideration.

Available Opinionss

Miller v. Board of Education of Gadsden, 482 F.2d 1234 (5th Cir. Aug. 7, 1973)

Miller and United States of America v. Board of Education of Gadsden, Alabama, Civ. A. No. CV.63-CO-474 (N.D. Ala. Aug. 26, 2005) (declaring unitary status).

Summary Authors

Greg Margolis (2/23/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5450993/parties/miller-v-bd-of-ed-gadsden/

Judge(s)

Birch, Stanley F. Jr. (Georgia)

Attorney for Plaintiff

Boddie, Elise C. (New York)

Chachkin, Norman J. (New York)

Attorney for Defendant

Biggs, Gregory Marion (Alabama)

Expert/Monitor/Master/Other

Boyd, Ralph F. Jr. (District of Columbia)

Documents in the Clearinghouse

4:63-cv-00574

Docket [PACER]

May 3, 2006

May 3, 2006

Docket

4:63-cv-00574

Brief for the United States as Appellant

Miller, United States of America v. The Board of Education of Gadsden

U.S. Court of Appeals for the Eleventh Circuit

June 30, 2000

June 30, 2000

Pleading / Motion / Brief
383

4:63-cv-00574

00-12224

Order [Reversing and Remanding Case]

Miller, United States of America v. The Board of Education of Gadsden

U.S. Court of Appeals for the Eleventh Circuit

Aug. 8, 2001

Aug. 8, 2001

Order/Opinion
440

4:63-cv-00574

Consent Order

Catherine Ann Miller & United States of American v. Board of Education of Gadsden, Alabama

July 14, 2003

July 14, 2003

Order/Opinion
462

4:63-cv-00574

Motion for Declaration of Unitary Status and Order of Dismissal

Miller, United States of America v. The Board of Education of Gadsden

June 10, 2005

June 10, 2005

Pleading / Motion / Brief
479

4:63-cv-00574

Memorandum of Opinion [Concerning Unitary Status]

Miller, United States of America v. The Board of Education of Gadsden

Aug. 26, 2005

Aug. 26, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5450993/miller-v-bd-of-ed-gadsden/

Last updated Nov. 2, 2026, 11:52 p.m.

Docket for: Miller v. Bd of Ed, Gadsden
ECF Number Date Description Link
1 Nov. 18, 1963

COMPLAINT filed (BST) Modified on 09/20/2001 (Entered: 09/20/2001)

RECAP
381 April 25, 2000

NOTICE of appeal by plaintiff Catherine Ann Miller from District Court decision 378 ; notice of appeal, order appealed from and court copy of docket entries w/transmittal letter mailed cm (BST) (Entered: 09/20/2001)

RECAP
383 Sept. 10, 2001

CERTIFIED copy of Appellate Court order: reversing and remanding the decision of the District Court [Appeal [381-1] filed (BST) (Entered: 09/20/2001)

RECAP
384 Sept. 13, 2001

ORDER that the mandate of the 11th Circuit issued on 9/6/01 has been received, reassigning case to Judge H. Dean Buttram, filed cm (BST) (Entered: 09/20/2001)

RECAP
385 Sept. 14, 2001

ORDER of recusal, case reassigned to Judge Robert B. Propst filed cm (BST) (Entered: 09/20/2001)

RECAP
386 Sept. 19, 2001

ORDER of recusal, case reassigned to Edwin L. Nelson filed cm (BST) (Entered: 09/20/2001)

RECAP
Sept. 20, 2001

Remark

Sept. 20, 2001

Note to file: see images in windock under 2:98mc4066 (BST)

387 Oct. 4, 2001

MOTION by intervenor USA for scheduling order filed cs (BST) (Entered: 10/05/2001)

RECAP
388 Oct. 9, 2001

ORDER that the parties' responses to the motion for approval of scheduling order shall be filed by 10/19/01 filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 10/09/2001)

RECAP
389 Oct. 10, 2001

OBJECTIONS by defendant Bd of Ed, Gadsden to US' motion for approval of scheduling order [387-1] filed cs (BST) (Entered: 10/10/2001)

RECAP
390 Oct. 30, 2001

389 - ORDER overuling objections [389-1] ( by Judge Edwin L. Nelson ) entered cm (BST) (Entered: 10/31/2001)

RECAP
391 Oct. 31, 2001

ORDER granting motion for scheduling order [387-1]; the parties have 180 days to complete discovery, they shall then have 60 days to resolve outstanding issues; parties shall then submit recommendations to the Court as to the actions that should be taken filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 10/31/2001)

RECAP
392 Oct. 31, 2001

ORDER Status hearing to be held on 8:00am 11/15/01 the parties are to file a statement of the case by 11/13/01 filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 10/31/2001)

RECAP
393 Nov. 13, 2001

NOTICE (Statement of the Case) filed by defendant Bd of Ed, Gadsden cs (BST) (Entered: 11/13/2001)

RECAP
394 Nov. 13, 2001

NOTICE (statement of the case on remand) filed by USA cs (BST) (Entered: 11/14/2001)

RECAP
395 Nov. 14, 2001

NOTICE (plas' position on remand) filed by plaintiff Catherine Ann Miller cs (BST) (Entered: 11/14/2001)

RECAP
396 Nov. 15, 2001

ORDER that the dfts are to submit a supplemental motion for a declaration of unitary status by 12/17/01; the plas are to file a response by 1/17/02; this order supercedes the 10/31/01 scheduling order filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 11/15/2001)

RECAP
Nov. 15, 2001

Remark

Nov. 15, 2001

STATUS CONFERENCE held in chambers; written order to be entered by court; no ctrptr (ADF)

397 Nov. 29, 2001

NOTICE of appearance for intervenor USA by Lisa M. Taylor filed cs (MAA) (Entered: 11/29/2001)

RECAP
398 Dec. 17, 2001

FIFTH ANNUAL REPORT concerning the implementation and status of, as well as complaince with, each and every provision of the consent order of this court dated 5/24/95, as amended 8/2/95 filed by defendant Bd of Ed, Gadsden filed cs (BST) (Entered: 12/17/2001)

RECAP
399 Dec. 17, 2001

SIXTH ANNUAL REPORT concerning the implementation and status of, as well as complaince with, each and every provision of the consent order of this court dated 5/24/95, as amended 8/2/95 filed defendant Bd of Ed, Gadsden [0-0] filed cs (BST) (Entered: 12/17/2001)

RECAP
400 Dec. 17, 2001

MOTION by defendant Bd of Ed, Gadsden for order of declaration of unitary status and to dismiss case filed cs (BST) (Entered: 12/18/2001)

RECAP
401 Dec. 17, 2001

EXHIBIT list by defendant Bd of Ed, Gadsden filed cs (2 sections, placed in expandable) (BST) (Entered: 12/18/2001)

RECAP
402 Jan. 17, 2002

MOTION by intervenor USA for order for a discovery, negotations and hearing schedule filed cs (filed w/i opposition) (BST) (Entered: 01/18/2002)

RECAP
403 Jan. 30, 2002

ORDER scheduling that certain time limits apply as set out in this order; discovery cutoff 7/29/02 by Judge Edwin L. Nelson entered cm (BST) (Entered: 01/30/2002)

RECAP
404 March 21, 2002

NOTICE of appearance for intervenor USA by Margaret Hu filed cs (BST) (Entered: 03/21/2002)

RECAP
March 21, 2002

Add and Terminate Attorneys

March 21, 2002

UTILITY event: terminates attorney Lisa Evans for Catherine Ann Miller (BST)

405 May 24, 2002

MOTION by defendant Bd of Ed, Gadsden to clarify obligations regarding evidentiary hearing filed cs (BST) (Entered: 05/24/2002)

RECAP
406 May 31, 2002

ORDER (Submission) that the motion to clarify obligations regarding evidentiary hearing [405-1] is submitted 6/24/02; Joint Responsive Brfs Due by 6/14/02, Reply Brfs Due by 6/21/02, filed ( Judge Edwin L. Nelson ) cm (BST) (Entered: 05/31/2002)

RECAP
407 June 14, 2002

RESPONSE by plaintiff Catherine Ann Miller to dft's motion to clarify obligations regarding evidentiary hearing [405-1] filed cs (BST) (Entered: 06/14/2002)

RECAP
408 June 21, 2002

REPLY by defendant Bd of Ed, Gadsden to responses to dft's motion for clarification [407-1] filed cs (BST) (Entered: 06/24/2002)

RECAP
409 June 26, 2002

RESPONSE by intervenor USA to dft's motion to clarify obligations regarding evidentiary hearing [405-1] filed cs (BST) (Entered: 06/27/2002)

RECAP
410 July 17, 2002

ORDER terminating motion to clarify obligations regarding evidentiary hearing [405-1]; dft is ordered to reimplement the majority to minority transfer program & provide the annual reports called for by the consent order filed (by Judge Edwin L. Nelson) cm (KLL) (Entered: 07/17/2002)

RECAP
July 31, 2002

Minutes - Miscellaneous

July 31, 2002

DOCKET modification (utility event) terminating motion for order for a discovery, negotations and hearing schedule [402-1] (BST)

411 Sept. 3, 2002

MOTION by dft Bd of Ed, Gadsden for clarification re its obligations under the "No Child Left Behing Act" filed cs (CTS) (Entered: 09/03/2002)

RECAP
412 Sept. 6, 2002

ORDER -Response to Gadsden Bd of Educ's motion for clarification (doc #411) shall be filed by close of business Thursday 9/12/02 together with courtesy copy delivered to chambers filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 09/06/2002)

RECAP
413 Sept. 10, 2002

RESPONSE by intervenor USA to dft's motion for clarification re its obligations under the "No Child Left Behing Act" [411-1] filed cs (BST) (Entered: 09/10/2002)

RECAP
414 Sept. 17, 2002

ORDER terminating motion for clarification re its obligations under the "No Child Left Behing Act" [411-1]; the parties are to confer w/i 15 days and devise a transfer plan for the 15 families who have sought relief under the No Child Left Behind Act filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 09/17/2002)

RECAP
415 Sept. 17, 2002

REPLY by defendant Bd of Ed, Gadsden to US' response to motion for clarification [413-1] filed cs (BST) (Entered: 09/17/2002)

RECAP
416 Sept. 30, 2002

JOINT MOTION by plaintiff Catherine Ann Miller, defendant Bd of Ed, Gadsden to extend time to continue good faith discussions filed cs (BST) (Entered: 09/30/2002)

RECAP
417 Oct. 1, 2002

416 - ORDER granting motion to extend time to continue good faith discussions [416-1]; parties are directed to engage in good faith discussions ( by Judge Edwin L. Nelson ) entered cm (BST) (Entered: 10/01/2002)

RECAP
418 Oct. 7, 2002

MOTION by plaintiff Catherine Ann Miller, intervenor USA, defendant Bd of Ed, Gadsden to extend time 30 days for negotiations period filed cs (BST) (Entered: 10/07/2002)

RECAP
419 Oct. 8, 2002

ORDER granting motion to extend time 30 days for negotiations period [418-1] Telephone status conf to be held at 8:30am 11/13/02 filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 10/08/2002)

RECAP
420 Oct. 28, 2002

ORDER that the parties have reached a settlement agreement in regards to the No Child Left Behind Act filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 10/28/2002)

RECAP
421 Oct. 30, 2002

MOTION by plaintiff Catherine Ann Miller for attorney Lia B Epperson to appear pro hac vice filed cs (KSS) (Entered: 10/30/2002)

RECAP
422 Oct. 30, 2002

421 - ORDER granting motion for attorney Lia B Epperson to appear pro hac vice [421-1] ( by Judge Edwin L. Nelson ) entered cm (BST) (Entered: 10/31/2002)

RECAP
Oct. 30, 2002

PHV Fee Paid

Oct. 30, 2002

PRO HAC VICE admission fee paid on 10/30/02 receipt # 200 184004 (KSS)

423 Nov. 1, 2002

ORDER the parties are hereby notified that the telephone conference originally scheduled for 11/13/02 has been RESCHEDULED to 11/21/02 at 9:00 a.m. filed ( by Judge Edwin L. Nelson ) cm (KSS) (Entered: 11/01/2002)

RECAP
424 Nov. 22, 2002

ORDER that the parties are to continue their negotations Telephone status hearing to be held at 9:00am 3/4/03 filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 11/22/2002)

RECAP
425 Feb. 21, 2003

ORDER that the telephone status conf set for 3/4/03 is continued generally ; the parties are to file a joint status report by 3/28/03 filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 02/21/2003)

RECAP
426 Feb. 24, 2003

MOTION by intervenor USA to substitute attorney Reginald Sorrells for Michael White filed cs (BST) (Entered: 02/25/2003)

RECAP
427 Feb. 28, 2003

426 - ORDER granting motion to substitute attorney Reginald Sorrells for Michael White [426-1] and substituting attorney ( by Judge Edwin L. Nelson ) entered cm (KAM) (Entered: 02/28/2003)

RECAP
Feb. 28, 2003

Add and Terminate Attorneys

Feb. 28, 2003

UTILITY event: terminates attorney Michael R White for USA (KAM)

428 March 26, 2003

JOINT STATUE REPORT and MOTION by plaintiff and defendant to extend time for settlement negotiations filed cs (BST) (Entered: 03/26/2003)

RECAP
429 March 26, 2003

ORDER granting motion to extend time 30 days for settlement negotiations [428-1]; thereafter, the parties are to file a joint status report or a proposed consent order filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 03/26/2003)

RECAP
430 April 24, 2003

MOTION by plaintiff Catherine Ann Miller to withdraw attorney Dennis Parker filed cs (BST) (Entered: 04/24/2003)

RECAP
431 April 25, 2003

NOTICE of compliance (joint status report) by plaintiff and defendant with [428-1] filed cs (BST) (Entered: 04/25/2003)

RECAP
432 April 25, 2003

ORDER granting motion to withdraw attorney Dennis Parker [430-1] filed ( by Judge Edwin L. Nelson ) cm (BST) (Entered: 04/25/2003)

RECAP
433 April 25, 2003

ORDER-Parties shall have 21 days to provide court with simultaneous statements of position on remaining issues and a proposed consent order for court's consideration filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 04/25/2003)

RECAP
April 25, 2003

Add and Terminate Attorneys

April 25, 2003

UTILITY event: terminates attorney Dennis D Parker for Catherine Ann Miller (BST)

434 May 16, 2003

NOTICE of compliance (joint status report) by plaintiff, intervenor and defendant with [433-1] filed cs (BST) (Entered: 05/16/2003)

RECAP
435 May 16, 2003

NOTICE of compliance (statement of position) by plaintiff Catherine Ann Miller with [433-1] filed cs (BST) (Entered: 05/16/2003)

RECAP
436 May 16, 2003

NOTICE of compliance (statement on resolved issues) by defendant Bd of Ed, Gadsden with [433-1] filed cs (BST) (Entered: 05/16/2003)

RECAP
437 June 3, 2003

NOTICE of reassignment Case reassigned to Judge L S. Coogler cm (BST) (Entered: 06/03/2003)

RECAP
438 June 25, 2003

JOINT MOTION by plaintiff, intervenor, defendant for consent order filed cs (BST) (Entered: 06/25/2003)

RECAP
439 July 14, 2003

ORDER denying w/o prej motion for order of declaration of unitary status, to the right of dft to re-file that motion w/i 30 days of the end of the 2004-2005 school year[400-1]; denying motion to dismiss case [400-2]; filed ( by Judge L S. Coogler ) cm (BST) (Entered: 07/14/2003)

RECAP
440 July 14, 2003

CONSENT ORDER regarding desegregation of the Gadsden City School District and the creation of a unitary school district [438-1] filed ( by Judge L S. Coogler ) cm (BST) (Entered: 07/14/2003)

RECAP
441 Aug. 4, 2003

ORDER amending the 7/14/03 consent order as further set out filed ( by Judge L S. Coogler ) cm (BST) (Entered: 08/04/2003)

RECAP
442 Sept. 16, 2003

NOTICE of compliance (REPORT) by defendant Bd of Ed, Gadsden with, [440-1] filed cs (BST) (Entered: 09/16/2003)

RECAP
444 Oct. 14, 2003

NOTICE of appearance for defendant Bd of Ed, Gadsden by Gregory M Biggs filed cs (BST) (Entered: 10/22/2003)

RECAP
443 Oct. 21, 2003

ORDER that all pleadings filed after 10/21/03 shall be in 14 point type filed ( by Judge L S. Coogler ) cm (BST) (Entered: 10/21/2003)

RECAP
445 Feb. 13, 2004

NOTICE of compliance (report) by defendant Bd of Ed, Gadsden with, [440-1] filed cs (BST) (Entered: 02/13/2004)

RECAP
446 Feb. 13, 2004

NOTICE of compliance (supporting documentation to report) by defendant Bd of Ed, Gadsden with, [440-1] filed cs (in expandable) (BST) (Entered: 02/13/2004)

RECAP
447 March 16, 2004

MOTION by defendant Bd of Ed, Gadsden for modification of consent order regarding consolidation of the District's High Schools filed cs (BST) (Entered: 03/16/2004)

RECAP
448 March 26, 2004

ORDER regarding the motion for modification of consent order regarding consolidation of the district's high schools In-court hearing set for 9:30am 4/1/04 filed ( by Judge L S. Coogler ) cm (BST) (Entered: 03/26/2004)

RECAP
449 March 30, 2004

MOTION by intervenor USA for order for telephone status conference filed cs (BST) (Entered: 03/30/2004)

RECAP
450 March 31, 2004

RESPONSE by intervenor USA to motion for modification of consent order regarding consolidation of the District's High Schools [447-1] filed cs (BST) (Entered: 03/31/2004)

RECAP
451 April 5, 2004

44 - ORDER finding the motion for order for telephone status conference [449-1] moot ( by Judge L S. Coogler ) entered cm (BST) (Entered: 04/05/2004)

RECAP
452 April 13, 2004

JOINT MOTION by plaintiff and defendant for order modifying the 7/14/03 consent order filed cs (BST) (Entered: 04/13/2004)

RECAP
453 April 16, 2004

ORDER granting motion for order modifying the 7/14/03 consent order [452-1]; 7/14/03 consent order is amended as further set out filed ( by Judge L S. Coogler ) cm (BST) (Entered: 04/16/2004)

RECAP
April 21, 2004

Minutes - Miscellaneous

April 21, 2004

DOCKET modification (utility event) terminating motion for modification of consent order regarding consolidation of the District's High Schools [447-1] (BST)

Aug. 5, 2004

Order

Aug. 5, 2004

DOCKET modification (utility event) terminating case see Consent order regarding desegregation dated 7/14/03 (KAM)

454 Sept. 15, 2004

NOTICE of compliance (semi-annual report) by defendant Bd of Ed, Gadsden with, [440-1] filed cs (BST) (Entered: 09/15/2004)

RECAP
455 Sept. 15, 2004

SUBMISSION of discovery to 9/15/04 semi-annual report by defendant Bd of Ed, Gadsden filed cs (in expandable) (BST) (Entered: 09/15/2004)

RECAP
456 Dec. 29, 2004

MOTION to Withdraw Anita Kelly as Attorney by Board of Education of Gadsden, Alabama. (BST, ) (Entered: 01/04/2005)

RECAP
Jan. 7, 2005

Order on Motion to Withdraw as Attorney

Jan. 7, 2005

ORDER granting 456 Motion to Withdraw as Attorney. Attorney Anita L Kelly terminated . Signed by Judge L Scott Coogler on 1/7/2005. (BST, )

458 Jan. 24, 2005

MOTION to Withdraw Gregory M. Biggs as Attorney by Board of Education of Gadsden, Alabama. (MAA, ) (Entered: 01/26/2005)

RECAP
457 Jan. 25, 2005

NOTICE of Appearance by Larry E Craven on behalf of Board of Education of Gadsden, Alabama (MAA, ) (Entered: 01/26/2005)

RECAP
459 Jan. 26, 2005

ORDER granting 458 Motion to Withdraw Gregory M. Biggs as Attorney. . Signed by Judge L Scott Coogler on 1/26/2005. (KSS, ) (Entered: 01/26/2005)

RECAP
460 Feb. 14, 2005

MOTION to Substitute Attorney by United States of America. (Simmons, Sharon) (Entered: 02/14/2005)

RECAP

Case Details

State / Territory:

Alabama

Case Type(s):

School Desegregation

Key Dates

Filing Date: Nov. 18, 1963

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American school children and the United States of America

Plaintiff Type(s):

Private Plaintiff

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: Yes

Class Action Outcome: Granted

Defendants

School District

City of Gadsden

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:

Northern District of Alabama 4:63-cv-00574

U.S. Court of Appeals for the Eleventh Circuit 00-12224

U.S. Court of Appeals for the Fifth Circuit 72-02582

U.S. Court of Appeals for the Fifth Circuit 72-03274

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Busing

Discrimination Prohibition

Monitor/Master

Preliminary relief granted

Student assignment

Order Duration: 1963 - 2005

Issues

General/Misc.:

Racial segregation

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation