Case: Robinson v. Shelby County Board of Education

2:63-cv-04916 | U.S. District Court for the Western District of Tennessee

Filed Date: June 12, 1963

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On June 12, 1963, the plaintiffs brought this desegregation lawsuit in the U.S. District Court for the Western District of Tennessee. The plaintiffs, African-American minor school children, by and through their parents, sued the defendant Shelby County Board of Education to enjoin the operation of a segregated school system. The United States also intervened as a plaintiff in 1966. On March 17, 1964, the district court (Judge Bailey Brown) adopted the Board's freedom of choice desegregation pla…

On June 12, 1963, the plaintiffs brought this desegregation lawsuit in the U.S. District Court for the Western District of Tennessee. The plaintiffs, African-American minor school children, by and through their parents, sued the defendant Shelby County Board of Education to enjoin the operation of a segregated school system. The United States also intervened as a plaintiff in 1966.

On March 17, 1964, the district court (Judge Bailey Brown) adopted the Board's freedom of choice desegregation plan, which largely stayed in place until the Supreme Court decided Green v. County School Board -- at which point the plaintiffs pushed for the Board to take more aggressive steps to desegregate. From 1968 through 1972, the parties fought over various proposals, with the Sixth Circuit ultimately upholding the district court's approval of a plan (after at first rejecting it, citing the Board's failure to take affirmative steps to desegregate) on September 21, 1972. Nonetheless, the district court retained jurisdiction over the case.

The case was dormant from 1972 until 1986 when, on April 9, the district court (at that point Judge Odell Horton) roundly rejected the Board's request to approve the construction of ten permanent classrooms at a predominantly white elementary school in the district. Rather than opting for student reassignment to under-utilized schools, the Board, in the face of fierce community opposition, instead proposed the construction. But as Judge Horton concluded, such opposition "cannot justify the defendant's failure to consider the negative impact of its proposal for construction . . . on desegregation." Robinson v. Shelby County Board of Education, 643 F.Supp. 111, 121 (W.D. Tenn. Apr. 9, 1986).

In 2006, both parties moved jointly to declare the school district unitary and terminate the litigation, with no objection from the United States. On July 26, 2007, the district court granted the motion with respect to facilities, transportation and staffing -- but denied it with respect to student assignment, faculty integration and extracurricular activities. The court established new "racial ratios" for the composition of students and faculty yo be met no later than October of 2012, with the aim being to declare unitary status by October of 2015. Both parties appealed, and on May 21, 2009, the Sixth Circuit reversed the district court's denial of full unitary status and ordered the lower court to grant the motion and dismiss the case. The decision came over a vigorous dissent by Judge Algenon Marbley, who decried the majority's deference to the parties' desires -- at the expense of the lack of on-the-ground evidence that the school system was in fact unitary. As he explained:

Nothing—not the agreement of the parties jointly to seek dissolution of the desegregation decree, not the number of years that this case has been pending and the general progress in race relations nationwide that has occurred in that time, and not the eagerness of the courts or school boards to restore local control over community schools—can substitute for evidence showing the Board's compliance with the desegregation decree. The evidence in fact reveals that among the forty-four schools for which the Board has data, two thirds of them are not in compliance with the flexible benchmark set forth by the district court for measuring racial balance. Furthermore, the district court has been managing this case since 1963. Based on the court's knowledge and experience with this case, it is in the best position to judge the evidence and determine whether dissolution of the desegregation decree is appropriate at this time. Because the parties have not carried their burden of showing that the racial disparities that continue to plague the County's schools are not the vestiges of past unlawful discrimination, I would affirm the district court's judgment.
Robinson v. Shelby County Board of Education, 566 F.3d 642, 657 (6th Cir. May 21, 2009) (Marbley, J., dissenting).

On July 16, 2009, the district court followed the Sixth Circuit's mandate and dismissed the case, thus ending its supervision over desegregation in the Shelby County schools.

Post-script: In 2013, the Memphis City school system merged with the surrounding Shelby County school district to form one consolidated school system.

Available Opinions

Robinson v. Shelby County Board of Education, 311 F.Supp. 97 (W.D. Tenn. Apr. 6, 1970)

Robinson v. Shelby County Board of Education, 429 F.2d 11 (6th Cir. June 25, 1970)

Robinson v. Shelby County Board of Education, 442 F.2d 255 (6th Cir. May 10, 1971)

Robinson v. Shelby County Board of Education, 330 F.Supp. 837 (W.D. Tenn. June 23, 1971)

Robinson v. Shelby County Board of Education, 467 F.2d 1187 (6th Cir. Sept. 21, 1972)

Robinson v. Shelby County Board of Education, 643 F.Supp. 111 (W.D. Tenn. Apr. 9, 1986)

Robinson v. Shelby County Board of Education, 566 F.3d 642 (6th Cir. May 21, 2009)

Summary Authors

Greg Margolis (3/6/2017)

People


Judge(s)

Brooks, Henry Luesing (Ohio)

Brown, Bailey (Ohio)

Cook, Deborah L. (Ohio)

Donald, Bernice Bouie (Tennessee)

Fields, Richard (Tennessee)

Griffin, Richard Allen (Michigan)

Horton, Odell (Tennessee)

Marbley, Algenon L. (Ohio)

McCree, Wade Hampton Jr. (Michigan)

Miller, William Ernest (Tennessee)

Judge(s)

Brooks, Henry Luesing (Ohio)

Brown, Bailey (Ohio)

Cook, Deborah L. (Ohio)

Donald, Bernice Bouie (Tennessee)

Fields, Richard (Tennessee)

Griffin, Richard Allen (Michigan)

Horton, Odell (Tennessee)

Marbley, Algenon L. (Ohio)

McCree, Wade Hampton Jr. (Michigan)

Miller, William Ernest (Tennessee)

Phillips, Harry (Tennessee)

Weick, Paul Charles (Ohio)

Attorneys(s) for Plaintiff

Moore, John R. (District of Columbia)

Attorneys(s) for Defendant

Speakman, Valerie B. (Tennessee)

Winchester, Richard L. Jr. (Tennessee)

Other Attorney(s)

Bailey, Javier M. (Tennessee)

Lee, Bill Lann (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Aug. 17, 2009 Docket

Order Denying Petition By Shelby County Board of Education to Construct Ten Permanent Additional Classrooms at Lucy Elementary School

643 F.Supp. 111

April 9, 1966 Order/Opinion

Order

Jan. 19, 1967 Order/Opinion

[Order]

311 F.Supp. 97

April 6, 1970 Order/Opinion

[Order]

U. S. Court of Appeals for the Sixth Circuit

429 F.2d 11

June 25, 1970 Order/Opinion

[Order]

U. S. Court of Appeals for the Sixth Circuit

442 F.2d 255

May 10, 1971 Order/Opinion

[Order]

330 F.Supp. 837

June 23, 1971 Order/Opinion

[Order]

U. S. Court of Appeals for the Sixth Circuit

467 F.2d 1187

Sept. 21, 1972 Order/Opinion
460

Order Granting in Part and Denying in Part the Joint Motion to Dissolve Order of the Court and Declare Shelby County School System a Unitary System

July 26, 2007 Order/Opinion
460

Order Granting in Part and Denying in Part the Joint Motion to Dissolve Order of the Court and Declare Shelby County School System a Unitary System

July 26, 2007 Order/Opinion

Resources

Title Description External URL

A Procedural History of Robinson v. Shelby County Board of Education

Chambers Staff

The following history, while comprehensive, is not intended to be exhaustive. Certain events having little or no impact on the case have been omitted. In particular, all mention of the numerous plain… July 26, 2007 https://ecf.tnwd.uscourts.gov/cgi-bin/show_multidocs.pl?caseid=18407&arr_de_seq_nums=1376387&magic_num=&pdf_header=1&hdr=&pdf_toggle_possible=1&caseid=18407&zipit=&magic_num=&arr_de_seq_nums=1376387&got_warning=&create_roa=&create_appendix=&bates_for

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (EHG) (Entered: 10/16/2001)

June 12, 1963

REMARK: for all civil pleadings prior to 10/16/01 please refer to hard copy of docket sheet; (Jurisdiction retained for indefinitely 2/27/84) (BAG) (Entered: 10/16/2001)

Oct. 16, 2001
400

NOTICE OF FILING OF "Report to USDC, on 10/1/01, in compliance with the Court Order to the Shelby County Board of Education under dates of 1/6/67 & 7/3/90" by James B. Mitchell, Supt. of defendant Shelby Cty Bd Educ (BAG) (Entered: 10/19/2001)

Oct. 18, 2001
401

CONSENT ORDER APPROVING CONSTRUCTION OF NEW HIGH SHCOOL IN THE ARLINGTON AREA by Judge Bernice B. Donald : IT IS THEREFORE ORDERED, ADJUDGED & DECREED that the Dfts be & they are hereby authorized to construct a new high school in the Arlington, Shelby County, TN area as more specifically described in the Land Acquisition Notice appended to the Petition, with specific zone lines for the new school to be submitted for Court approval prior to the opening of the school for the 2004 − 2005 school year. (cc: all counsel) (PWM) (Entered: 06/11/2002)

June 11, 2002
402

NOTICE OF FILING OF Report to the Court in compliance w/court order of 1/6/67 by Bobby Webb, Superintendent; (BAG) (Entered: 10/30/2002)

Aug. 27, 2002
403

NOTICE OF FILING OF Report to the Court in compliance w/Court Order ... under dates of 1/6/67 & 7/3/90 by Bobby Webb, Superintendent; (BAG) (Entered: 10/30/2002)

Oct. 30, 2002
405

CONSENT ORDER APPROVING ATTENDANCE ZONE CHANGES FOR SPECIFIED GERMANTOWN AND HOUSTON HIGH SCHOOLS FOR THE 2003/2004 SCHOOL YEAR by Judge Bernice B. Donald for as to Shelby Cty Bd Educ (cc: all counsel) (JAE) (Entered: 07/10/2003)

July 10, 2003
406

CONSENT ORDER APPROVING CONSTRUCTION NOTICE FOR NEW ELEMENTARY SCHOOL IN MILLINGTON, SHELBY COUNTY, TENNESSEE AREA by Judge Bernice B. Donald for (cc: all counsel) (JAE) (Entered: 07/10/2003)

July 10, 2003
407

ORDER: CHANGES IN SOUTHWIND MIDDLE AND GERMANTOWN MIDDLE SCHOOLS, WHICH ADDITIONALLY AFFECTS SOUTHWIND ELEMENTARY, GERMANTOWN ELEMENTARY, SYCAMORE ELEMENTARY AND SCHILLING FARMS MIDDLE SCHOOLS to be incorporated as an integral part of the Shelby County Board of Education School Desegregation Plan for 2003 − 2004 school year by Judge Bernice B. Donald for (cc: all counsel) (JAE) (Entered: 07/10/2003)

July 10, 2003
408

NOTICE OF FILING OF REPORT to USDC in compliance with Court Order to Shelby Co Board of Educ under date of 01/06/67, with attachments 1 and 2 by defendant Shelby Cty Bd Educ (JAE) (Entered: 08/12/2003)

Aug. 11, 2003
409

MOTION by Karen L. Hill, Lasimba Gray, Brain Holiday, James Nelson, Tyrone King to intervene (JAE) (Entered: 08/18/2003)

Aug. 15, 2003
410

MEMORANDUM by Karen Hill, Lasimba Gray, Brian Holiday, James Nelson, Tyrone King in support of motion to intervene [409 − 1] (JAE) (Entered: 08/18/2003)

Aug. 15, 2003
411

ORDER by Judge Bernice B. Donald referring to Mag Judge Tu M. Pham the motion to intervene [409 − 1] (cc: all counsel) (JAE) (Entered: 08/22/2003)

Aug. 21, 2003

REMARK: Judge Tu Pham assigned as Magistrate Judge in case (JAE) (Entered: 08/22/2003)

Aug. 22, 2003

MAIL Returned [411 − 1] addressed to Thuan Thi Pham (copy handed to case manager) (JAE) Modified on 09/12/2003 (Entered: 09/05/2003)

Sept. 5, 2003
412

RESPONSE by defendant Shelby Cty Bd Educ to motion to intervene [409 − 1] (JAE) (Entered: 09/17/2003)

Sept. 16, 2003
413

ORDER by Mag Judge Tu M. Pham DENYING motion for Karen Hill, Lasimba Gray, Brian Holiday, James Nelson and Tyrone King to intervene [409 − 1]; proposed plaintiffs do not allege factual bases for conclusions.. fail to state whether the motion is timely..do not set forth facts sufficient to satisfy the elements required to demonstrate a right to intervene and therefore denied (cc: all counsel) (JAE) (Entered: 09/29/2003)

Sept. 26, 2003
414

NOTICE OF FILING OF REPORT to USDC in compliance with Court Order to Shelby Co Board of Educ under date of 01/06/67, with attachments 1 − 5 by defendant Shelby Cty Bd Educ (JAE) (Entered: 09/29/2003)

Sept. 26, 2003
415

SETTING LETTER:Conference set for 8/3/2004 11:00 AM in Courtroom 3 − Memphis before Bernice B. Donald. (tlh, ) (Entered: 07/29/2004)

July 28, 2004
416

Minute Entry for proceedings held before Judge Bernice B. Donald : Status Conference held on 8/3/2004. Court received 2 consent orders from the parties: 1.) Consent Order approving changes of attendance zone boundaries for 2004 − 2005 school year, and 2.) Consent Order approving construction for new K − 5 elementary school in Bartlett/Brunswick area; the Court heard from Ms. Marva Black Sullivan − Shelby County Planning & Development for Shelby County Schools; Court entered Orders. Plf. Atty: R. Fields, J. Moore (not present); Dft. Atty: R. Lee Winchester. (Court Reporter Sharlyn Phillips.) (tlh, ) (Entered: 08/04/2004)

Aug. 3, 2004
418

CONSENT ORDER APPROVING CONSTRUCTION NOTICE FOR NEW K − 5 ELEMENTARY SCHOOL IN EASTERN BARTLETT/BRUNSWICK AREA, IN SHELBY COUNTY, TENNESSEE. Signed by Judge Bernice B. Donald. (tlh, ) (Entered: 08/04/2004)

Aug. 3, 2004
419

NOTICE OF FILING OF REPORT to USDC in compliance with Court Order to Shelby Co Board of Educ under date of 01/06/67, with attachments 1 and 2 by defendant Shelby County Board of Education. (tlh, ) (Entered: 08/19/2004)

Aug. 18, 2004
420

NOTICE OF FILING OF REPORT to USDC in compliance with Court Order to Shelby Co Board of Educ under date of 01/06/67, with attachments 1 − 6 by defendant Shelby County Board of Education. (tlh, ) (Entered: 10/05/2004)

Oct. 5, 2004
421

NOTICE OF FILING OF REPORT to USDC in compliance with Court Order to Shelby Co Board of Educ under date of 01/06/67, with attachments 1 and 2 by defendant Shelby County Board of Education.(jml, ) (Entered: 09/19/2005)

Sept. 15, 2005
422

NOTICE OF FILING REPORT to USDC in compliance with Court Order to Shelby Co Board of Educ under date of 01/06/67, with attachments 1 − 6 by defendant Shelby County Board of Education (jml, ) (Entered: 10/31/2005)

Oct. 28, 2005
423

Joint MOTION to Dismiss Court Order by Shelby County Board of Education. (Winchester, Richard) (Entered: 08/14/2006)

Aug. 14, 2006
424

MEMORANDUM in Support re 423 Joint MOTION to Dismiss Court Order filed by Shelby County Board of Education. (Attachments: # 1 Exhibit Reports)(Winchester, Richard) (Entered: 08/14/2006)

Aug. 14, 2006
425

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 423 Joint MOTION to Dismiss Court Order filed by Shelby County Board of Education,, 424 Memorandum in Support of Motion filed by Shelby County Board of Education, has been filed. For future reference, please note For future reference, please note Motion, Memorandum MUST be linked. Motion will be your main document and Memorandum to be attached documents. You should receive only one docket entry number... Filer is not required to resubmit document. (jml, ) (Entered: 08/16/2006)

Aug. 16, 2006
426

SETTING LETTER: Status Conference set for 11/29/2006 09:00 AM in Courtroom 3 − Memphis before Bernice B. Donald. (tlh, ) (Entered: 11/22/2006)

Nov. 22, 2006
427

SETTING LETTER: Motion Hearing set for 1/26/2007 02:00 PM in Courtroom 3 − Memphis before Bernice B. Donald. (tlh, ) (Entered: 11/22/2006)

Nov. 22, 2006
428

Minute Entry for proceedings held before Judge Bernice B. Donald : Status Conference held on 11/29/2006 as an advance to the Hearing on 423 Motion to Dismiss set for 1/26/2007; Attys addressed Court as to proposed course of action; Parties will submit proposed Public Notice to the Court within 5 days − Court will review and revise if needed; Notice shall be published in local publications: Commercial Appeal, Tri − State Defender, Daily News, Memphis Business Journal, Silver Star News, and other local community newspapers − Notice shall be published twice; Notice to instruct interested parties to submit, in writing, response before 1/10/2007; Responses will be addressed to the Court, Atty Fields, Atty Winchester, and DOJ; Persons/Entities with relevant concerns shall be heard at scheduled 1/26/2007 hearing; Parties shall respond to concerns by 1/19/2007 − Status Conference set for 1/22/2007 01:00 PM in Courtroom 3 − Memphis before Bernice B. Donald; Motion Hearing set for 1/26/2007 02:00 PM in Courtroom 3 − Memphis before Bernice B. Donald. (Plf Atty: R. Fields; Dft Atty: R. Winchester)(Court Reporter Lynn Dudley.)(9:05 − 9:27) (tlh, ) (Entered: 11/29/2006)

Nov. 29, 2006
429

Minute Entry for proceedings held before Judge Bernice B. Donald : Status Conference held on 1/22/2007; Parties have not received any responses from persons/entities; Procedures during hearing discussed − witnesses, proof; Motion Hearing set for 1/26/2007 02:00 PM in Courtroom 3 − Memphis before Bernice B. Donald. (Plf Atty: R. Fields; Dft Atty: R. Winchester) (Court Reporter Lynn

Jan. 22, 2007
431

Amicus Curiae APPEARANCE entered by Javier M. Bailey on behalf of Claude Bernard Robinson. (Bailey, Javier) Modified on 3/20/2007 (jml, )as to text −−−− (document was filed by Operation Rainbow Push). (Entered: 01/26/2007)

Jan. 26, 2007
432

Minute Entry for proceedings held before Judge Bernice B. Donald : Motion Hearing held on 1/26/2007 as to parties 423 Joint Motion to Dismiss; Record framed by the Court; 430 Status Report filed by Shelby Co. Board of Education; 431 Amicus Curiae appearance entered by Javier M. Bailey on behalf of Operation Rainbow Push; Atty Bailey will not be allowed to exam witnesses, but Court will allow to be heard at end of hearing; Opening Statements of Atty Winchester; Dfts proof/witnesses sworn: Bobby G. Webb; Exh. 1; Cross exam Exh. 2; Maura Black Sullivan; Exh. 3; Lois W. Williams; Linda Clark Patterson; Maura Black Sullivan; Party Operation Rainbow Push proof/witnesses sworn: L. LaSimba Gray; Court to enter order/notice on Monday or Tuesday if any additional info is required from parties; Atty Bailey has until 2/2/2007 to file; Plf/Dft have until 2/8/2007 to file responses. (Plf Atty: R. Fields; Dft Atty: R. Winchester; Op. Rainbow Push Atty: J. Bailey) (Court Reporter Lynn Dudley.)(2:03 − 5:50) (tlh, ) (Entered: 01/29/2007)

Jan. 26, 2007
433

Exhibit and Witness List from Motion Hearing held 1/26/2007.(tlh, ) (Entered: 01/29/2007)

Jan. 29, 2007
434

ORDER TO SHOW CAUSE, Show Cause Response due by 2/16/2007. Signed by Judge Bernice B. Donald on 1/29/07. (Donald, Bernice) (Entered: 01/29/2007)

Jan. 29, 2007
437

Mail Returned as Undeliverable. Mail sent to Bill Lee, U.S. Department of Justice, regarding docket entry #428. (cas) (Entered: 01/31/2007)

Jan. 29, 2007
435

ORDER TO SHOW CAUSE, Show Cause Response due by 2/16/2007. Signed by Judge Bernice B. Donald on 1/30/07. (Donald, Bernice) (Entered: 01/30/2007)

Jan. 30, 2007
436

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 431 Amicus Curiae Appearance filed by Claude Bernard Robinson, has been filed. For future reference, please note that you should add your client as a party once you file the Amicus Curiae Appearance. Filer is not required to resubmit document. (jml, ) (Entered: 01/30/2007)

Jan. 30, 2007
438

Amicus Curiae APPEARANCE entered by Javier M. Bailey on behalf of Claude Bernard Robinson. (Bailey, Javier) Modified on 3/20/2007 (jml, )as to text −−−− (document was filed by Operation Rainbow Push). (Entered: 02/02/2007)

Feb. 2, 2007
439

ORDER TO PRODUCE STATISTICAL DATA. Signed by Judge Bernice B. Donald on 2/5/07. (Donald, Bernice) (Entered: 02/05/2007)

Feb. 5, 2007
440

REPLY to Response to Motion re 423 Joint MOTION to Dismiss Court Order Response to Amicus Curiae Statement filed by Shelby County Board of Education. (Winchester, Richard) (Entered: 02/08/2007)

Feb. 8, 2007
441

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 440 Reply to Response to Motion filed by Shelby County Board of Education, has been filed. For future reference, please note per our conversation, that the category selected for this entry was incorrect. The correct category should have been under 'notice' then to 'notice other'........ per Atty. *Document #440 is a response to #438 which is a Amended Amicus Curiae statement and Appearance by Operation Rainbow Push*....... Filer is not required to resubmit document. (jml, ) (Entered: 02/12/2007)

Feb. 12, 2007
442

RESPONSE to Motion re 423 Joint MOTION to Dismiss Court Order filed by USA. (Moore, John) (Entered: 02/16/2007)

Feb. 16, 2007
443

MOTION to Intervene and Substitute Class Representative by Claude Bernard Robinson. (Bailey, Javier) Modified on 3/26/2007 (jml, ) document filed on behalf of

Feb. 19, 2007
445

RESPONSE to Motion re 443 MOTION to Intervene and Substitute Class Representative filed by Shelby County Board of Education. (Winchester, Richard) (Entered: 03/05/2007)

March 5, 2007
446

RESPONSE to Motion re 443 MOTION to Intervene and Substitute Class Representative filed by Claude Bernard Robinson, Julia D. Robinson. (Attachments: # 1 Exhibit Crisis In Education)(Fields, Richard) (Entered: 03/08/2007)

March 8, 2007
447

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 443 MOTION to Intervene and Substitute Class Representative filed by Claude Bernard Robinson, has been filed. For future reference, please note per our conversation that the this document was filed on behalf of Operation Rainbow Push and not Claude Robinson. The party selection was incorrect. However I have made a note in the docket entry as to the error.. Filer is not required to resubmit document. (jml, ) (Entered: 03/26/2007)

March 26, 2007
448

MOTION to Authorize Shelby Co Middle School Construction Commencement − Proposed Order Submitted by Shelby County Board of Education. (Attachments: # 1 Exhibit)(Winchester, Richard) (Entered: 06/22/2007)

June 22, 2007
449

MOTION for Order Approving Changes of Attendance Zone Boundaries for Multiplicity of Schools for School Year 2007 − 2008 − Proposed Order Submitted by Shelby County Board of Education. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Winchester, Richard) (Entered: 06/22/2007)

June 22, 2007
450

SETTING LETTER: Motion Hearing set for 7/20/2007 09:00 AM in Courtroom 3 − Memphis before Judge Bernice B. Donald. (Attachments: # 1 Supplement Procedural History)(Donald, Bernice) (Entered: 06/27/2007)

June 27, 2007
451

SETTING LETTER: Status Conference set for 7/3/2007 10:00 AM in Courtroom 3 − Memphis before Judge Bernice B. Donald. (tlh, ) (Entered: 06/29/2007)

June 29, 2007
452

NOTICE by Shelby County Board of Education of Submission to Judge of Public Notice (Attachments: # 1 Exhibit Notice to Public)(Winchester, Richard) (Entered: 07/03/2007)

July 3, 2007
455

Minute Entry for proceedings held before Judge Bernice B. Donald : Status Conference held on 7/3/2007; Status conference held to address Supplementary Motion Hearing on the Joint Motion to Dismiss Court Order scheduled for 7/23/2007 at 09:00 AM before Judge Bernice B. Donald; Court advised parties of what shall be discussed at the hearing; Court wants more public involvement − Parties will make Court aware of how affected parties shall be noticed; Atty Winchester advised the Court of pending Motions 448 , 449 − Court will review motions. (Plf Atty: R. Fields; Dft Attys: R. Winchester, Jr., R. Winchester, J. Moore − via phone; Misc. Atty: J. Bailey − via phone) (Court Reporter Alpha Reporting/Lesley Spence.)(10:06 − 10:38) (tlh, ) Modified on 9/5/2007 (tlh, ). (Entered: 07/09/2007)

July 3, 2007
453

ORDER Setting Hearing on Motion 423 Joint MOTION to Dismiss Court Order : Motion Hearing set for 7/23/2007 09:00 AM in Courtroom 3 − Memphis before Judge Bernice B. Donald.. (Attachments: # 1 Supplement Procedural History) Signed by Judge Bernice B. Donald on 7/6/07. (Donald, Bernice) (Entered: 07/06/2007)

July 6, 2007

PLEASE DISREGARD THIS ORDER(will be refiled as entry number #457)ORDER TO PRODUCE STATISTICAL DATA re 449 MOTION for Order Approving Changes of Attendance Zone Boundaries for Multiplicity of Schools for School Year 2007 − 2008 − Proposed Order Submitted filed by Shelby County Board of Education,, 448 MOTION to Authorize Shelby Co Middle School Construction Commencement − Proposed Order Submitted filed by Shelby County Board of Education, . Signed by Judge Bernice B. Donald on 7/6/07. (Donald, Bernice) Modified on 7/23/2007 (jml, ). (Entered: 07/06/2007)

July 6, 2007

Set/Reset Deadlines as to 423 Joint MOTION to Dismiss Court Order . Supplementary Motion Hearing reset for 7/23/2007 09:00 AM before Judge Bernice B. Donald. (jml, ) (Entered: 07/12/2007)

July 6, 2007
457

ORDER TO PRODUCE STATISTICAL DATA (Replaces entry of 7/6/07 which had incorrect document attached). Signed by Judge Bernice B. Donald on 7/23/07. (Donald, Bernice) (Entered: 07/23/2007)

July 23, 2007
458

Minute Entry for proceedings held before Judge Bernice B. Donald : Hearing on 423 Joint Motion to Dismiss held on 7/23/2007; Court heard from concerned citizens: Ricky W. Jeans, Brenda B. Gipson, G.A. Hardaway, Sr., Stanford L. Hunt, L. LaSimba Gray; Dft Exh. 4; Court heard from Attorneys: Richard Winchester, Richard Fields, John Moore, Javier Bailey; Motion taken under advisement/Order to be entered within 7 − 10 days. (Plf Attys: R. Fields, J. Moore; Dft Attys: R. Winchester, R. Webb; Amicus Atty: J. Bailey) (Court Reporter Lynn Dudley.)(9:04 − 12:35) (tlh, ) (Entered: 07/25/2007)

July 23, 2007
459

Exhibit and Witness List from Motion Hearing held 7/23/2007. (tlh, ) (Entered: 07/25/2007)

July 25, 2007
460

ORDER granting in part and denying in part 423 Motion to Dismiss . Signed by Judge Bernice B. Donald on 7/26/07. (Attachments: # 1 Supplement Procedural History of the Case) (Donald, Bernice) (Entered: 07/26/2007)

July 26, 2007
461

RESPONSE in Support re 449 MOTION for Order Approving Changes of Attendance Zone Boundaries for Multiplicity of Schools for School Year 2007 − 2008 − Proposed Order Submitted In Response to Order for Statistical Information filed by Shelby County Board of Education. (Winchester, Richard) (Entered: 07/26/2007)

July 26, 2007
462

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 461 Response in Support of Motion, filed by Shelby County Board of Education, has been filed. However, the following deficiency has been found: Please note that document you submitted reflects that it is a 'Response to Order to Produce Statistical Data', however the entry you selected is a 'Response in Support to Motion'. Please call if you have questions at 901 − 495 − 1505. The filer has one business day to correct the deficiency. (jml, ) (Entered: 07/30/2007)

July 30, 2007
463

NOTICE by Shelby County Board of Education in Response to Order to Produce Statistical Data (Winchester, Richard) (Entered: 07/30/2007)

July 30, 2007
464

NOTICE by Shelby County Board of Education Amended: Response To Order to Produce Statistical Data (Winchester, Richard) (Entered: 07/30/2007)

July 30, 2007
465

ORDER granting 448 Motion to Authorize Shelby Co. Middle School Construction Commencement, granting 449 Motion for Approving Changes of Attendance Zone Boundaries for Multiplicity of Schools for School Year 2007 − 2008. Signed by Judge Bernice B. Donald on 07/31/2007. (Donald, Bernice) (Entered: 07/31/2007)

July 31, 2007
466

MOTION for Reconsideration and to Alter or Amend Judgment with Supporting Memorandum by all plaintiffs. (Fields, Richard) (Entered: 08/09/2007)

Aug. 9, 2007
467

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 466 MOTION for Reconsideration and to Alter or Amend Judgment with Supporting Memorandum filed by Claude Bernard Robinson,, Julia D. Robinson, has been filed. However, the following deficiency has been found: Please note that this document does not consist of a certificate of service page. You may go under 'notice' then to 'notice of correction' to submit the certifcate of service. Thank you and if you have questions please call 901 − 495 − 1505.. The filer has one business day to correct the deficiency. (jml, ) (Entered: 08/14/2007)

Aug. 14, 2007
468

MOTION for Reconsideration re 466 MOTION for Reconsideration and to Alter or Amend Judgment with Supporting Memorandum by all plaintiffs. (Fields, Richard) (Entered: 08/14/2007)

Aug. 14, 2007
469

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 468 MOTION for Reconsideration re 466 MOTION for Reconsideration and to Alter or Amend Judgment with Supporting Memorandum filed by Claude Bernard Robinson,, Julia D. Robinson, has been filed. For future reference, please note that is was not necessary to resubmit as a motion, however motion #466 will be termed as a pending motion. Thank you and if you have questions please call 901 − 495 − 1505.. Filer is not required to resubmit document. (jml, ) (Entered: 08/15/2007)

Aug. 15, 2007
470

NOTICE OF APPEAL by Shelby County Board of Education. Filing fee $ 455. (Winchester, Richard) (Entered: 08/22/2007)

Aug. 22, 2007
471

Joint MOTION to Extend Deadline to Comply with Court's July 26, 2007 Order by all parties. (Winchester, Richard) (Entered: 08/27/2007)

Aug. 27, 2007
472

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 471 Joint MOTION to Extend Deadline to Comply with Court's July 26, 2007 Order filed by USA,, Shelby County Board of Education,, Claude Bernard Robinson,, Julia D. Robinson,, Lasimba Gray,, Operation Rainbow Push, has been filed. However, the following deficiency has been found: This document does needs to reflect a certificate of service page. You will need to go under the 'notice' category then to 'notice of correction' in the drop box and submit the certificate of service page. Remember to link back to the motion. Thank you and if you have questions please call 901 − 495 − 1505.. The filer has one business day to correct the deficiency. (jml, ) (Entered: 08/28/2007)

Aug. 28, 2007
473

Notice of Correction to 471 Joint MOTION to Extend Deadline to Comply with Court's July 26, 2007 Order Certificate of Service . (Winchester, Richard) (Entered: 08/28/2007)

Aug. 28, 2007
474

USCA Appeal Fees received $ 455.00 receipt number M109196 re 470 Notice of Appeal filed by Shelby County Board of Education, (agj, ) (Entered: 08/28/2007)

Aug. 28, 2007
475

ORDER granting 471 Motion to Extend Deadline. Signed by Judge Bernice B. Donald on 8/29/07.(Donald, Bernice) (Entered: 08/29/2007)

Aug. 29, 2007
476

Letter from U.S. Court of Appeals (vjm, ) (Entered: 09/10/2007)

Sept. 6, 2007
477

MOTION to Stay re 460 Order on Motion to Dismiss Injunctive Relief Ordered by Court by Shelby County Board of Education. (Winchester, Richard) (Entered: 09/10/2007)

Sept. 10, 2007
478

MEMORANDUM in Support re 477 MOTION to Stay re 460 Order on Motion to Dismiss Injunctive Relief Ordered by Court and Proposed Order filed by Shelby County Board of Education. (Attachments: # 1 Affidavit Dr. Bobby Webb, Superintendent# 2 Affidavit Lois Williams# 3 Affidavit Maura Sullivan# 4 Affidavit Mike Simpson)(Winchester, Richard) (Entered: 09/10/2007)

Sept. 10, 2007
479

ORDER denying 468 Motion for Reconsideration. Signed by Judge Bernice B. Donald on 9/11/07.(Donald, Bernice) (Entered: 09/11/2007)

Sept. 11, 2007
480

MOTION for Extension of Time to File Name of Special Master and Memorandum by Shelby County Board of Education. (Winchester, Richard) (Entered: 09/11/2007)

Sept. 11, 2007
481

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 478 Memorandum in Support of Motion, filed by Shelby County Board of Education, 477 MOTION to Stay re 460 Order on Motion to Dismiss Injunctive Relief Ordered by Court filed by Shelby County Board of Education has been filed. For future reference, please note that the memorandum should have been submitted as an attached to the motion receiving only one docket entry number.. Filer is not required to resubmit document. (jml, ) (Entered: 09/13/2007)

Sept. 13, 2007
482

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 480 MOTION for Extension of Time to File Name of Special Master and Memorandum filed by Shelby County Board of Education has been filed. For future reference, please note The motion you submitted does not include the text stating that the proposed order was submitted. If you did not send to the Judge's email for approval, then please submit. If you did submit the order, please remember to have it reflected on the docket. Thank you... Filer is not required to resubmit document. (jml, ) (Entered: 09/14/2007)

Sept. 14, 2007
483

JUDICIAL TRANSCRIPT (Unredacted) of Status Conference Proceedings held on November 29, 2006 before Judge Bernice B. Donald. Court Reporter: Lynn Dudley. THE ELECTRONIC COPY OF THIS DOCUMENT IS FOR COURT USE ONLY. PLEASE CONTACT THE COURT REPORTER FOR A COPY OF THIS DOCUMENT. (agj, ) (Entered: 09/26/2007)

Sept. 26, 2007
484

JUDICIAL TRANSCRIPT (Unredacted) of Status Conference Proceedings held on January 22, 2007 before Judge Bernice B. Donald. Court Reporter: Lynn Dudley. THE ELECTRONIC COPY OF THIS DOCUMENT IS FOR COURT USE ONLY. PLEASE CONTACT THE COURT REPORTER FOR A COPY OF THIS DOCUMENT. (agj, ) (Entered: 09/26/2007)

Sept. 26, 2007
485

JUDICIAL TRANSCRIPT (Unredacted) of Motion Hearing Proceedings held on January 26, 2007 before Judge Bernice B. Donald. Court Reporter: Lynn Dudley. THE ELECTRONIC COPY OF THIS DOCUMENT IS FOR COURT USE ONLY. PLEASE CONTACT THE COURT REPORTER FOR A COPY OF THIS DOCUMENT. (agj, ) (Entered: 09/26/2007)

Sept. 26, 2007
486

JUDICIAL TRANSCRIPT (Unredacted) of Supplemental Motion Hearing Proceedings held on July 23, 2007 before Judge Bernice B. Donald. Court Reporter: Lynn Dudley. THE ELECTRONIC COPY OF THIS DOCUMENT IS FOR COURT USE ONLY. PLEASE CONTACT THE COURT REPORTER FOR A COPY OF THIS DOCUMENT. (agj, ) (Entered: 09/26/2007)

Sept. 26, 2007
487

NOTICE of Appearance by Valerie B. Speakman on behalf of Shelby County Board of Education (Speakman, Valerie) (Entered: 10/01/2007)

Oct. 1, 2007
488

STATUS REPORT by Shelby County Board of Education. (Attachments: # 1 Exhibit)(Speakman, Valerie) (Entered: 10/05/2007)

Oct. 5, 2007
489

Mail Returned as Undeliverable. Mail sent to Bill Lee, U.S. Dept of Justice (vjm, ) (Entered: 10/11/2007)

Oct. 9, 2007
490

Mail Returned as Undeliverable. Mail sent to Bill Lee. (vjm, ) (Entered: 10/19/2007)

Oct. 18, 2007
491

NOTICE OF APPEAL by USA. (Moore, John) (Entered: 11/08/2007)

Nov. 8, 2007
492

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 487 Notice of Appearance filed by Shelby County Board of Education has been filed. However, the following deficiency has been found: Please note that the proper ecf attorney signature is not reflected on this document. You will need to go under the 'notice' category then in the drop down box select 'notice of correction' and submit the corrected document. Thank you and if you have questions please call 901 − 495 − 1505.. The filer has one business day to correct the deficiency. (jml, ) (Entered: 11/13/2007)

Nov. 13, 2007
493

Notice of Correction to 487 Notice of Appearance, 492 Deficiency Notice,,. (Speakman, Valerie) (Entered: 11/13/2007)

Nov. 13, 2007
494

Mail Returned as Undeliverable. Mail sent to Bill Lee. (vjm, ) (Entered: 12/20/2007)

Dec. 17, 2007
495

First MOTION for Approval of Construction of Two New Schools (proposed Order submitted) by Shelby County Board of Education. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Speakman, Valerie) (Entered: 01/04/2008)

Jan. 4, 2008
496

ATTACHMENT Certificate of Consultation to 495 First MOTION for Approval of Construction of Two New Schools (proposed Order submitted) by Shelby County Board of Education. (Speakman, Valerie) (Entered: 01/04/2008)

Jan. 4, 2008
497

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 495 First MOTION for Approval of Construction of Two New Schools (proposed Order submitted) filed by Shelby County Board of Education, 496 Attachment filed by Shelby County Board of Education has been filed. For future reference, please note that the certificate of consultation page should have been submitted as an attached document to the motion, just as the exhibits, receiving only one docket entry number. Thanks and if you have questions please call 901 − 495 − 1505.. Filer is not required to resubmit document. (jml, ) (Entered: 01/08/2008)

Jan. 8, 2008
498

ORDER 495 Granting MOTION TO CONSTRUCT TWO NEW SCHOOLS. Signed by Judge Bernice B. Donald on 1/16/08. (Donald, Bernice) (Entered: 01/16/2008)

Jan. 16, 2008
500

ORDER denying 477 Motion to Stay. Signed by Judge Bernice B. Donald on 3/26/08.(Donald, Bernice) (Entered: 03/26/2008)

March 26, 2008

State / Territory: Tennessee

Case Type(s):

School Desegregation

Key Dates

Filing Date: June 12, 1963

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American minor children, by and through their parents, who attend school in Shelby County, Tennessee; the United States also intervened as a plaintiff.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Shelby County, School District

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1964 - 2009

Content of Injunction:

Busing

Discrimination Prohibition

Preliminary relief granted

Recordkeeping

Reporting

Student assignment

Issues

General:

Disparate Treatment

Education

Racial segregation

School/University Facilities

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run