Case: McNeal v. Tate County School District

2:70-cv-00029 | U.S. District Court for the Northern District of Mississippi

Filed Date: April 27, 1970

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a school desegregation case arising out of Tate County, Mississippi. Plaintiffs, black students and their families, filed this case in the U.S. District Court for the Northern District of Mississippi on April 27, 1970. The plaintiffs sought a court order requiring that Tate County desegregate its public schools and achieve a unitary system. According to a later opinion, the district court approved a desegregation order on August 4, 1970.In the first 1970 complaint, filed on 4/27/1970, t…

This is a school desegregation case arising out of Tate County, Mississippi. Plaintiffs, black students and their families, filed this case in the U.S. District Court for the Northern District of Mississippi on April 27, 1970. The plaintiffs sought a court order requiring that Tate County desegregate its public schools and achieve a unitary system. According to a later opinion, the district court approved a desegregation order on August 4, 1970.

In the first 1970 complaint, filed on 4/27/1970, the plaintiffs alleged that Tate County sold one of its schools to the Tate Educational Foundation, Inc. for below market price in order to encourage the Foundation to create a private school "to avoid the impact of the desegregation of the schools." District Judge Orma Smith held that Tate County properly closed the school because it had outlived its usefulness and "the amount bid for the property was adequate and sufficient in law to sustain the sale." Judge Smith also noted that the Foundation and Tate County citizens were legally allowed to open a private school if they wanted to do so. No. EC7029–S, 1970 WL 118111 (N.D. Miss. Aug. 19, 1970). The plaintiffs then appealed.

The Fifth Circuit held that the sale of the school was valid, but that Tate County was enjoined from using the property to operate a private school that discriminated on the basis of race. Circuit Judge Lewis R. Morgan articulated that the private school using the former Tate County school property was completely segregated and that Tate County had an affirmative duty to take whatever steps necessary to create a unitary educational system, which includes looking into potential purchasers, when school property is sold in an area where it was typical for people to establish all-white private schools in response to court-ordered desegregation. Tate County "closed its eyes and made no inquiry" into whether the school property would be used to create an all-white private school. For this reason, the part of the district court decision allowing the sale of the school property was reversed and the case was remanded. 460 F.2d 568 (5th Cir. 1971), cert. denied, 93 S. Ct. 3049 (1973). The district court vacated its 1970 order in accordance with the Fifth Circuit's opinion and the defendants were charged with all litigation fees. No. DC 7029–S, 1972 WL 131658 (N.D. Miss. June 21, 1972).

In 1974, the plaintiffs submitted an application to the district court asking the court to find that Tate County was in violation of its 1970 desegregation order because it maintained segregated classrooms through its achievement grouping system. The district court dismissed the application. The order also amended the desegregation order's provisions regarding Tate County's services, facilities, activities, and programs. No. DC 70–29–S, 1974 WL 177573 (N.D. Miss. May 8, 1974). The plaintiffs appealed this decision.

In 1975, the Fifth Circuit reversed the district court's decision. The Fifth Circuit implemented a temporary bar on Tate County's achievement grouping because it resulted in racially segregated classrooms. Tate County would be permitted to lift the bar once it showed that there was a unitary school system and students that had educational disadvantages due to prior school segregation had been elevated to peer status. 508 F.2d 1017 (5th Cir. 1975).

The district court then approved a student assignment plan in line with the Fifth Circuit decision. Tate County created a committee in each of its elementary schools to review every student assignment. The committees had to ensure that every student assignment was based on the child's academic abilities (evaluated by each student's educational records) and not race. The district court highlighted that achievement grouping was still proper as long as it did not reflect students' race and both black and white Tate County citizens voiced support for achievement grouping in the schools. No. DC 70–29–S, 1975 WL 175356 (N.D. Miss. July 11, 1975).

From the mid-1970s through the 2010s, Tate County has filed annual reports with the district court updating the court on its progress to desegregate the schools. In 2010, according to a later district court opinion, Tate County filed a motion to redraw attendance zones created in the 1970 desegregation order. This motion was granted by District Judge W. Allen Pepper on September 28, 2010.

Tate County filed a motion to modify the attendance zone lines on April 1, 2016. In this motion, Tate County wanted the attendance zones to be modified so that one of the high schools in the district, Coldwater High School, would be closed and the students would be dispersed between the two other attendance zones. The plaintiffs responded with an omnibus motion that alleged Tate County had not been in compliance with the 1970 desegregation order for a variety of reasons. Tate County conceded, in a separate report, that it had not been including data about the number of teachers by race at each school and vowed to correct that wrong. Coldwater High School opened in August 2016 for the 2016-2017 school district, but the school had no athletic or extracurricular activities. The plaintiffs requested an injunction requiring that Tate County immediately resume athletic and extracurricular activities at Coldwater High School.

On December 7, 2016, District Judge Debra M. Brown (who was assigned the case on April 4, 2016) granted an injunction; she reasoned that cancelling athletic and extracurricular activities had the practical effect of making such activities unavailable to certain students based on their race because Coldwater High School was predominantly black and the availability of extracurriculars is one of six factors used to determine whether a school district has eliminated a dual system. Therefore, cancelling athletic and extracurricular activities "reduces desegregation or reinforces the existence of a dual system" and Tate County was ordered to immediately reinstate these activities at Coldwater High School. Judge Brown also found that Tate County was in civil contempt for cancelling athletic and extracurricular activities at Coldwater High School and for its reporting violations failing to report on the racial composition of Tate County school staff. The court awarded attorney's fees and costs to the plaintiffs to sanction Tate County. NO. 2:70-CV-00029-DMB, 2016 WL 7156554 (N.D. Miss. Dec. 7, 2016).

Available Opinions

McNeal v. Tate Cty. Sch. Dist., No. EC7029–S, 1970 WL 118111 (N.D. Miss. Aug. 19, 1970).

McNeal v. Tate Cty. Sch. Dist., 460 F.2d 568 (5th Cir. 1971), cert. denied, 413 U.S. 922 (1973).

McNeal v. Tate Cty. Sch. Dist., No. DC 7029–S, 1972 WL 131658 (N.D. Miss. June 21, 1972).

McNeal v. Tate Cty. Sch. Dist., No. DC 70–29–S, 1974 WL 177573 (N.D. Miss. May 8, 1974).

McNeal v. Tate Cty. Sch. Dist., 508 F.2d 1017 (5th Cir. 1975).

McNeal v. Tate Cty. Sch. Dist., No. DC 70–29–S, 1975 WL 175356 (N.D. Miss. July 11, 1975).

McNeal v. Tate Cty. Sch. Dist., No. 2:70-CV-00029-DMB, 2016 WL 3264111 (N.D. Miss. June 14, 2016).

McNeal v. Tate Cty. Sch. Dist., No. 2:70-CV-00029-DMB, 2016 WL 6651328 (N.D. Miss. Nov. 10, 2016).

McNeal v. Tate Cty. Sch. Dist., No. 2:70-CV-00029-DMB, 2016 WL 7156554 (N.D. Miss. Dec. 7, 2016).

Summary Authors

Amelia Huckins (3/11/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4515788/parties/mcneal-v-tate-county-school-district/


Judge(s)

Brown, John Robert (Louisiana)

Clark, Charles (Mississippi)

Gewin, Walter Pettus (Alabama)

Morgan, Lewis Render (Georgia)

Smith, Orma Rinehart (Mississippi)

Thornberry, William Homer (Texas)

Attorneys(s) for Plaintiff

Cox, Warren E. (Mississippi)

Kelly, Robert J. (Mississippi)

Minor, James D. (Mississippi)

Osborne, Solomon C. (Mississippi)

Judge(s)

Brown, John Robert (Louisiana)

Clark, Charles (Mississippi)

Gewin, Walter Pettus (Alabama)

Morgan, Lewis Render (Georgia)

Smith, Orma Rinehart (Mississippi)

Thornberry, William Homer (Texas)

Attorneys(s) for Plaintiff

Cox, Warren E. (Mississippi)

Kelly, Robert J. (Mississippi)

Minor, James D. (Mississippi)

Osborne, Solomon C. (Mississippi)

Attorneys(s) for Defendant

Griffith, Daniel J. (Mississippi)

Hannaford, Leon E. Jr. (Mississippi)

Jacks, Jamie F (Mississippi)

Johnson, Roy E. (Mississippi)

Lamar, John Thomas Jr (Mississippi)

Documents in the Clearinghouse

Document

2:70-cv-00029

Original Docket

April 27, 1970

April 27, 1970

Docket

2:70-cv-00029

Docket

March 23, 2010

March 23, 2010

Docket

2:70-cv-00029

Memorandum Opinion

1970 WL 11811

Aug. 19, 1970

Aug. 19, 1970

Order/Opinion

30722

[Order]

U. S. Court of Appeals for the Fifth Circuit

460 F.2d 568

Sept. 17, 1971

Sept. 17, 1971

Order/Opinion

2:70-cv-00029

Order With Injunction

1972 WL 131658

June 21, 1972

June 21, 1972

Order/Opinion

2:70-cv-00029

Order

1974 WL 177573

May 8, 1974

May 8, 1974

Order/Opinion

2:70-cv-00029

[Order]

U. S. Court of Appeals for the Fifth Circuit

508 F.2d 1017

Feb. 12, 1975

Feb. 12, 1975

Order/Opinion

2:70-cv-00029

Memorandum of Decision

1975 WL 175356

July 11, 1975

July 11, 1975

Order/Opinion
7

2:70-cv-00029

Report

March 5, 2013

March 5, 2013

Monitor/Expert/Receiver Report

2:70-cv-00029

Memorandum Opinion and Order

2016 WL 6651328

Nov. 10, 2016

Nov. 10, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4515788/mcneal-v-tate-county-school-district/

Last updated Aug. 8, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

Docket sheet in School Desegregation case #DC7029-S, from case original filing of case on 4/27/70 to present (jtm)

March 23, 2010

March 23, 2010

PACER
2

MOTION to Amend/Correct Order by Tate County School District. (Lamar, John)

Aug. 9, 2010

Aug. 9, 2010

PACER
3

MOTION to Amend/Correct Order by Tate County School District. (Lamar, John)

Aug. 10, 2010

Aug. 10, 2010

PACER
4

ORDER re 3 Motion to Amend/Correct. Signed by W. Allen Pepper on 9/28/10. (jtm)

Sept. 28, 2010

Sept. 28, 2010

PACER
5

NOTICE OF RECEIPT of Report to the Court, by John Thomas Lamar on behalf of Tate County School District (Attachments: # 1 Report Continued) (tab, USDC)

Oct. 19, 2010

Oct. 19, 2010

PACER
6

ANNUAL REPORT by John Thomas Lamar, Jr on behalf of Tate County School District (tab) (Entered: 02/16/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
7

REPORT TO THE COURT by John Thomas Lamar, Jr on behalf of Tate County School District (jtm) (Entered: 03/12/2013)

March 8, 2013

March 8, 2013

PACER
8

REPORT TO THE COURT by John Thomas Lamar, Jr on behalf of Tate County School District (tab)

July 15, 2014

July 15, 2014

PACER
9

NOTICE of Filing Report to the Court for 2013-2014 by John Thomas Lamar, Jr on behalf of Tate County School District (jtm) (Entered: 03/01/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
10

NOTICE of Filing Report to the Court for 2014-2015 by John Thomas Lamar, Jr on behalf of Tate County School District (jtm) (Entered: 03/01/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
11

NOTICE of Attorney Appearance by Jamie Ferguson Jacks on behalf of Tate County School District (Jacks, Jamie)

March 31, 2016

March 31, 2016

PACER
12

MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone Lines by Tate County School District. (Attachments: # 1 Exhibit 1970 Order, # 2 Exhibit 2010 Order, # 3 Exhibit Motion, # 4 Exhibit Affidavit) (Jacks, Jamie)

April 1, 2016

April 1, 2016

PACER
13

MEMORANDUM IN SUPPORT re 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone Lines . (Attachments: # 1 Exhibit 1970 Order, # 2 Exhibit 2010 Order, # 3 Exhibit Motion, # 4 Exhibit Affidavit) (Jacks, Jamie)

April 1, 2016

April 1, 2016

PACER
14

MOTION to Extend Time to Respond by Solomon C. Osborne on behalf of Kelly McNeal re 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone Lines On behalf of Jessie Edwards and others Plaintiffs/Intervenors (Osborne, Solomon) Modified on 5/3/2016 (tab).

May 2, 2016

May 2, 2016

PACER
15

RESPONSE in Opposition re 14 MOTION for Extension of Time to File Response/Reply filed by Tate County School District. (Jacks, Jamie)

May 6, 2016

May 6, 2016

PACER
16

BRIEF In Support re 14 MOTION for Extension of Time to File Response/Reply Brief In Support of Response to Motion for Enlargement of Time filed by Tate County School District. (Jacks, Jamie) Modified on 5/9/2016 (tab).

May 6, 2016

May 6, 2016

PACER
17

MOTION to Expedite Review by Tate County School District. (Jacks, Jamie)

May 11, 2016

May 11, 2016

PACER
18

MEMORANDUM IN SUPPORT re 17 MOTION to Expedite Review . (Jacks, Jamie)

May 11, 2016

May 11, 2016

PACER
19

ORDER Regarding 17 MOTION to Expedite Review filed by Tate County School District. Signed by District Judge Debra M. Brown on 05/16/2016. (gpk)

May 16, 2016

May 16, 2016

PACER
20

MOTION to Substitute Party, MOTION to Intervene by Kelly McNeal. (Osborne, Solomon)

May 18, 2016

May 18, 2016

PACER
21

Supplement to Motion re 17 MOTION to Expedite Review AFFIDAVIT OF DR. DARYL SCOGGIN filed by Tate County School District. (Jacks, Jamie)

May 18, 2016

May 18, 2016

PACER
22

NOTICE of Conference: Telephonic Status Conference set for 5/25/2016 03:00 PM in Greenville Courtroom 1 before District Judge Debra M. Brown. (rt)

May 24, 2016

May 24, 2016

PACER
23

RESPONSE to Motion re 20 MOTION to Substitute Party MOTION to Intervene filed by Tate County School District. (Attachments: # 1 Exhibit "A" - 1970 ORDER, # 2 Exhibit "B" - 2010 ORDER, # 3 Exhibit "C" - MOTION, # 4 Exhibit "D" - AFFIDAVIT) (Jacks, Jamie)

May 25, 2016

May 25, 2016

PACER
24

MEMORANDUM IN SUPPORT re 23 Response to Motion, . (Jacks, Jamie)

May 25, 2016

May 25, 2016

PACER
25

Minute Entry for proceedings held before District Judge Debra M. Brown: Telephonic Status Conference held on 5/25/2016. (rt)

May 25, 2016

May 25, 2016

PACER
26

RESPONSE in Opposition re 17 MOTION to Expedite Review filed by Kelly McNeal. (Osborne, Solomon)

May 31, 2016

May 31, 2016

PACER
27

REPLY to Response to Motion re 20 MOTION to Substitute Party MOTION to Intervene filed by Kelly McNeal. (Osborne, Solomon)

May 31, 2016

May 31, 2016

PACER
28

REPLY to Response to Motion re 14 MOTION for Extension of Time to File Response/Reply filed by Kelly McNeal. (Osborne, Solomon)

May 31, 2016

May 31, 2016

PACER
29

NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Jamie Ferguson Jacks on behalf of Tate County School District to Plaintiffs. (Jacks, Jamie)

May 31, 2016

May 31, 2016

PACER
30

RESPONSE in Support re 17 MOTION to Expedite Review filed by Tate County School District. (Attachments: # 1 Exhibit "A" - MDE East Tate data, # 2 Exhibit "B" - 2010 Order, # 3 Exhibit "C" - MDE District Level data) (Jacks, Jamie)

June 6, 2016

June 6, 2016

PACER
31

NOTICE of Conference: Telephonic Status Conference set for 6/14/2016 01:30 PM in Greenville Courtroom 1 before District Judge Debra M. Brown. (rt)

June 10, 2016

June 10, 2016

PACER
32

NOTICE of Attorney Appearance by John Thomas Lamar, III on behalf of Tate County School District (Lamar, John)

June 13, 2016

June 13, 2016

PACER
33

MEMORANDUM OPINION AND ORDER denying as moot 14 Motion for Extension of Time to File Response/Reply ; granting in part and denying in part 17 Motion to Expedite; granting 20 Motion to Substitute Party. Undra Todd, Linderia Todd, Rosaland Milam, Gwendolyn Bonne, Ciera Jackson, Georgia Carr, Angela Johnson and Carolyn Daniels added. Kelly McNeal (et al) terminated. Signed by District Judge Debra M. Brown on 6/14/16. (jtm)

June 14, 2016

June 14, 2016

RECAP
34

Minute Entry for proceedings held before District Judge Debra M. Brown: Telephone Status Conference held on 6/14/2016. (rt) (Entered: 06/15/2016)

June 14, 2016

June 14, 2016

PACER
35

Supplement to Motion re 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone Lines filed by Tate County School District. (Attachments: # 1 Exhibit "A" - MDE data, # 2 Exhibit "B" - 1970 Order, # 3 Exhibit "C" - 2010 Order, # 4 Exhibit "D" - Motion, # 5 Exhibit "E" - Affidavit #1, # 6 Exhibit "F" - Affidavit #2) (Jacks, Jamie)

June 21, 2016

June 21, 2016

PACER
36

MEMORANDUM IN SUPPORT re 35 Supplement to Motion, . (Attachments: # 1 Exhibit "A" - MDE data, # 2 Exhibit "B" - 1970 Order, # 3 Exhibit "C" - 2010 Order, # 4 Exhibit "D" - Motion, # 5 Exhibit "E" - Affidavit #1, # 6 Exhibit "F" - Affidavit #2) (Jacks, Jamie)

June 21, 2016

June 21, 2016

PACER
37

MOTION Miscellaneous relief and Discovery re 6 Notice (Other), 7 Notice (Other), 36 Memorandum in Support, 9 Notice (Other), 5 Notice (Other), 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone Lines, 35 Supplement to Motion, 10 Notice (Other), 8 Notice (Other) by Kelly McNeal. (Attachments: # 1 Exhibit Exhibit 1, Desegregation Order,dated August 4, 1970, # 2 Exhibit Exhibit 2, Letter to Jamie Jacks, # 3 Exhibit Exhibit 3, 2003 Report, # 4 Exhibit Exhibit 4, 2004 Report, # 5 Exhibit Exhibit 5, 2005 Report, # 6 Exhibit Exhibit 6, 2006 Report, # 7 Exhibit Exhibit 7, 2007 Report, # 8 Exhibit Exhibit 8, 2008 Report, # 9 Exhibit Exhibit 9, 2009 Report, # 10 Exhibit Exhibit 10, 2010 Report, # 11 Exhibit Exhibit 11, 2011 Report, # 12 Exhibit Exhibit 12, 2013-2014 Report, # 13 Exhibit Exhibit 13, 2014-2015 Report) (Osborne, Solomon) (Entered: 06/24/2016)

1 Exhibit Exhibit 1, Desegregation Order,dated August 4, 1970

View on PACER

2 Exhibit Exhibit 2, Letter to Jamie Jacks

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3 Exhibit Exhibit 3, 2003 Report

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4 Exhibit Exhibit 4, 2004 Report

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5 Exhibit Exhibit 5, 2005 Report

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6 Exhibit Exhibit 6, 2006 Report

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7 Exhibit Exhibit 7, 2007 Report

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8 Exhibit Exhibit 8, 2008 Report

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9 Exhibit Exhibit 9, 2009 Report

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10 Exhibit Exhibit 10, 2010 Report

View on PACER

11 Exhibit Exhibit 11, 2011 Report

View on PACER

12 Exhibit Exhibit 12, 2013-2014 Report

View on PACER

13 Exhibit Exhibit 13, 2014-2015 Report

View on PACER

June 23, 2016

June 23, 2016

RECAP
38

NOTICE by Jamie Ferguson Jacks on behalf of Tate County School District re 10 Notice (Other) of The Tate County School District's Supplemental Report to the Court (Attachments: # 1 Exhibit "A") (Jacks, Jamie)

June 27, 2016

June 27, 2016

PACER
39

ORDER granting in part and deferring in part 37 MOTION for Miscellaneous relief and Discovery; and ORDER TO SHOW CAUSE Show Cause Response due by 7/5/2016.. Signed by District Judge Debra M. Brown on 6/28/16. (jtm)

June 28, 2016

June 28, 2016

RECAP
40

NOTICE by Jamie Ferguson Jacks on behalf of Tate County School District re 10 Notice (Other) OF THE TATE COUNTY SCHOOL DISTRICT'S SUPPLEMENTAL REPORT TO THE COURT (Attachments: # 1 Exhibit "A" 2000-2001, # 2 Exhibit "B" 2001-2002, # 3 Exhibit "C" 2002-2003, # 4 Exhibit "D" 2003-2004, # 5 Exhibit "E" 2004-2005, # 6 Exhibit "F" 2005-2006, # 7 Exhibit "G" 2006-2007, # 8 Exhibit "H" 2007-2008, # 9 Exhibit "I" 2008-2009, # 10 Exhibit "J" 2009-2010) (Jacks, Jamie)

July 1, 2016

July 1, 2016

PACER
41

RESPONSE TO ORDER TO SHOW CAUSE. (Attachments: # 1 Exhibit "A" - Lamar Affidavit) (Jacks, Jamie)

July 5, 2016

July 5, 2016

PACER
42

MEMORANDUM IN SUPPORT re 41 Response to Order to Show Cause . (Attachments: # 1 Exhibit "A" - Lamar Affidavit) (Jacks, Jamie)

July 5, 2016

July 5, 2016

PACER
43

MOTION to Strike 37 MOTION Miscellaneous relief and Discovery re 6 Notice (Other), 7 Notice (Other), 36 Memorandum in Support, 9 Notice (Other), 5 Notice (Other), 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone by Tate County School District. (Jacks, Jamie)

July 11, 2016

July 11, 2016

PACER
44

MEMORANDUM IN SUPPORT re 43 MOTION to Strike 37 MOTION Miscellaneous relief and Discovery re 6 Notice (Other), 7 Notice (Other), 36 Memorandum in Support, 9 Notice (Other), 5 Notice (Other), 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Co . (Jacks, Jamie)

July 11, 2016

July 11, 2016

PACER
45

RESPONSE to Motion re 37 MOTION Miscellaneous relief and Discovery re 6 Notice (Other), 7 Notice (Other), 36 Memorandum in Support, 9 Notice (Other), 5 Notice (Other), 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Correct Attendance Zone filed by Tate County School District. (Attachments: # 1 Exhibit "A" - Affidavit of Dr. Scoggin) (Jacks, Jamie)

July 11, 2016

July 11, 2016

PACER
46

MEMORANDUM IN SUPPORT re 45 Response to Motion, . (Attachments: # 1 Exhibit "A" - Affidavit of Dr. Scoggin) (Jacks, Jamie)

July 11, 2016

July 11, 2016

PACER
47

SUPPLEMENTAL REPORT by Jamie Ferguson Jacks on behalf of Tate County School District re 10 Notice (Other) TATE COUNTY SCHOOL DISTRICT'S SUPPLEMENTAL REPORT TO THE COURT (Jacks, Jamie) Modified on 7/15/2016 (tab).

July 14, 2016

July 14, 2016

PACER
48

MOTION Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines. by Kelly McNeal. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Osborne, Solomon)

July 20, 2016

July 20, 2016

PACER
49

Brief In Support of 48 Motion for Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines. by Kelly McNeal. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Osborne, Solomon) Modified on 7/21/2016 (tab).

July 20, 2016

July 20, 2016

PACER
50

RESPONSE to Motion re 48 MOTION Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines., 49 MOTION Brief In Support of Motion for Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines. Response To Plaintiffs' Motion For Supplemental Relief filed by Tate County School District. (Jacks, Jamie)

July 25, 2016

July 25, 2016

PACER
51

BRIEF IN SUPPORT OF RESPONSE to Motion re 48 MOTION Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines., 49 MOTION Brief In Support of Motion for Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines. Brief In Support of Response to Plaintiffs' Motion For Supplemental Relief filed by Tate County School District. (Jacks, Jamie) Modified on 7/26/2016 (tab),

July 25, 2016

July 25, 2016

PACER
52

MOTION to Strike Plaintiffs'Response To Defendants' Motion To Strike Motion For Relief Pursuant To Desegregation Order by Kelly McNeal. (Attachments: # 1 Exhibit) (Osborne, Solomon)

July 27, 2016

July 27, 2016

PACER
53

RESPONSE in Opposition re 52 MOTION to Strike Plaintiffs'Response To Defendants' Motion To Strike Motion For Relief Pursuant To Desegregation Order filed by Kelly McNeal. (Attachments: # 1 Exhibit) (Osborne, Solomon)

July 27, 2016

July 27, 2016

PACER
54

RESPONSE to Motion re 43 MOTION to Strike 37 MOTION Miscellaneous relief and Discovery re 6 Notice (Other), 7 Notice (Other), 36 Memorandum in Support, 9 Notice (Other), 5 Notice (Other), 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Co filed by Kelly McNeal. (Attachments: # 1 Exhibit) (Osborne, Solomon)

July 27, 2016

July 27, 2016

PACER
55

BRIEF IN SUPPORT OF RESPONSE to Motion re 43 MOTION to Strike Plaintiffs'Response To Defendants' Motion To Strike Motion For Relief Pursuant To Desegregation Order MEMORANDUM IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO STRIKE filed by Kelly McNeal. (Attachments: # 1 Exhibit) (Osborne, Solomon) Modified on 7/28/2016 (tab).

July 27, 2016

July 27, 2016

PACER
56

BRIEF re 43 MOTION to Strike 37 MOTION Miscellaneous relief and Discovery re 6 Notice (Other), 7 Notice (Other), 36 Memorandum in Support, 9 Notice (Other), 5 Notice (Other), 12 MOTION to Amend/Correct 4 Order on Motion to Amend/Co . (Jacks, Jamie)

Aug. 8, 2016

Aug. 8, 2016

PACER
57

MOTION by Undra Todd. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit) (Osborne, Solomon)

Sept. 30, 2016

Sept. 30, 2016

PACER
58

MEMORANDUM IN SUPPORT re 57 MOTION . (Osborne, Solomon)

Sept. 30, 2016

Sept. 30, 2016

PACER
59

ORDER setting hearing on 57 MOTION FOR FURTHER RELIEF. Signed by District Judge Debra M. Brown on 10/3/16. (bds)

Oct. 3, 2016

Oct. 3, 2016

PACER
60

NOTICE of Hearing on 57 MOTION: Motion Hearing set for 10/17/2016 10:00 AM in Greenville Courtroom 1 before District Judge Debra M. Brown. (rt)

Oct. 3, 2016

Oct. 3, 2016

PACER
61

NOTICE of Hearing: Show Cause Hearing as to 39 Order set for 10/17/2016 02:00 PM in Greenville Courtroom 1 before District Judge Debra M. Brown. (rt)

Oct. 3, 2016

Oct. 3, 2016

PACER
62

NOTICE of Attorney Appearance by Daniel J. Griffith on behalf of Tate County School District (Griffith, Daniel)

Oct. 4, 2016

Oct. 4, 2016

PACER
63

STATUS REPORT Annual Report of the Tate County School District. (Lamar, John)

Oct. 5, 2016

Oct. 5, 2016

PACER
64

MOTION for Extension of Time to File Response/Reply as to 57 MOTION by Tate County School District. (Jacks, Jamie)

Oct. 5, 2016

Oct. 5, 2016

PACER
65

ORDER granting 64 Motion for Extension of Time to File Response/Reply. Signed by District Judge Debra M. Brown on 10/6/16. (bds)

Oct. 6, 2016

Oct. 6, 2016

PACER
66

RESPONSE to Motion re 48 MOTION Supplemental relief pursuant to desegregation order including dismissal of Defendants' Motion to Modify Attendance Zones lines. filed by Tate County School District. (Attachments: # 1 Exhibit "A" - Current Enrollment Figures, # 2 Exhibit "B" - Affidavit of Dr. Scoggin, # 3 Exhibit "C" - Affidavit of Dr. Scoggin, # 4 Exhibit "D" - 1970 Court Order, # 5 Exhibit "E" - MHSAA letter from Dr. Scoggin, # 6 Exhibit "F" - Letter to MHSAA from Jamie Jacks) (Jacks, Jamie)

Oct. 11, 2016

Oct. 11, 2016

PACER
67

MEMORANDUM IN SUPPORT re 66 Response to Motion,, . (Attachments: # 1 Exhibit "A" - Current Enrollment Figures, # 2 Exhibit "B" - Affidavit of Dr. Scoggin, # 3 Exhibit "C" - Affidavit of Dr. Scoggin, # 4 Exhibit "D" - 1970 Court Order, # 5 Exhibit MHSAA letter from Dr. Scoggin, # 6 Exhibit Letter to MHSAA from Jamie Jacks) (Jacks, Jamie)

Oct. 11, 2016

Oct. 11, 2016

PACER
68

NOTICE by Jamie Ferguson Jacks on behalf of Tate County School District of Subpoena (Jacks, Jamie)

Oct. 14, 2016

Oct. 14, 2016

PACER
69

REPLY to Response to Motion re 57 MOTION Reply To Tate County's Response To Motion for Supplemental Relief (Extracurricular Activities Motion) filed by Undra Todd. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit) (Osborne, Solomon)

Oct. 15, 2016

Oct. 15, 2016

PACER
85

ORDER granting in part and denying in part 37 Motion ; denying 43 Motion to Strike. Signed by District Judge Debra M. Brown on 11/10/16. (bds)

Nov. 10, 2016

Nov. 10, 2016

RECAP
94

MEMORANDUM OPINION AND ORDER granting in part and denying in part 48 Motion for Supplemental Relief Pursuant to Desegregation Order; granting 57 Motion for further relief Pursuant to Desegregation Order ; denying 89 Motion to Strike ; dismissing without prejudice 12 Motion to Modify attendance zones. Signed by District Judge Debra M. Brown on 12/7/16. (tab)

Dec. 7, 2016

Dec. 7, 2016

RECAP
107

ORDER granting 102 Motion for Permission to file out of time Motion for Attorney's fees. Signed by District Judge Debra M. Brown on 1/19/17. (jtm)

Jan. 19, 2017

Jan. 19, 2017

RECAP
142

ORDER finding as moot 125 Motion to Strike ; finding as moot 128 Motion for Extension of Time to File Response/Reply re 123 MOTION /PETITION FOR CLOSURE OF COLDWATER HIGH SCHOOL ; finding as moot 130 Motion for Extension of Time to File Response/Reply re 123 MOTION /PETITION FOR CLOSURE OF COLDWATER HIGH SCHOOL ; finding as moot 132 Motion to Expedite; granting in part and denying in part 140 Motion to Amend/Correct; granting 141 Motion for Extension of Time to File Response/Reply re 123 MOTION /PETITION FOR CLOSURE OF COLDWATER HIGH SCHOOL Replies due by 6/20/2022.. Signed by District Judge Debra M. Brown on 6/13/22. (jla)

June 13, 2022

June 13, 2022

RECAP
146

ORDER conditionally granting 123 Motion for Closure of Coldwater High School. Signed by District Judge Debra M. Brown on 7/13/22. (jla)

July 13, 2022

July 13, 2022

RECAP

Case Details

State / Territory: Mississippi

Case Type(s):

School Desegregation

Key Dates

Filing Date: April 27, 1970

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are black students and their families who resided in Tate County, Mississippi.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Tate County School District (Coldwater, Tate), School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Reporting

Student assignment

Issues

General:

Buildings

Education

Language access/needs

Racial segregation

School/University Facilities

School/University policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run