Case: Clayton v. Person County Board of Education

1:64-00167 | U.S. District Court for the Middle District of North Carolina

Filed Date: Oct. 5, 1964

Clearinghouse coding complete

Case Summary

On October 5, 1964, the plaintiffs brought this school desegregation suit in the U.S. District Court for the Middle District of North Carolina. The plaintiffs, African-American minor school children by and through their parents, sued the defendant Person County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg and Derrick A. Bell, for the NAACP Legal Defense Fund.The district court (Judge Edwin Stanley) denied severa…

On October 5, 1964, the plaintiffs brought this school desegregation suit in the U.S. District Court for the Middle District of North Carolina. The plaintiffs, African-American minor school children by and through their parents, sued the defendant Person County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg and Derrick A. Bell, for the NAACP Legal Defense Fund.

The district court (Judge Edwin Stanley) denied several early motions for preliminary injunctions but on November 19, 1964 ordered the Board to grant plaintiffs' request to attend formerly all-white schools in the district. Then, on April 29, 1966, he entered a consent decree, under which, among other things, the Board agreed to assign teachers and personnel to schools without regard to race. Judge Stanley also directed the Board to file a more comprehensive desegregation plan, which it did on February 7, 1968. After further back and forth, the district court approved the plan with modifications on August 27, 1968. There were additional modifications in the Board's plan through 1969.

The last entry on the docket (the only available document in the case) was made June 25, 1973; it states that the case had been dormant for, at that point, a year, with all previous plans having been implemented. The court noted that there was "no further reason at this time to maintain the file as an open one for statistical purposes." However, it explained that "Nothing contained in this minute entry shall be considered a dismissal or disposition of this matter, and, should further proceedings in it become necessary or desirable, any

party may initiate it in the same manner as if this minute entry had not been entered."

According to ProPublica, as of 2014, the case remains open, though (obviously) dormant.

Summary Authors

Greg Margolis (2/28/2017)

People


Judge(s)

Stanley, Edwin Monroe (North Carolina)

Attorneys(s) for Plaintiff

Chambers, J. LeVonne (New York)

Clayton, Theaosesus (North Carolina)

Greenberg, Jack (New York)

Pearson, C. O. (North Carolina)

Attorneys(s) for Defendant

Long, Richard (North Carolina)

Spears, Marshall T. (North Carolina)

Judge(s)

Stanley, Edwin Monroe (North Carolina)

Attorneys(s) for Plaintiff

Chambers, J. LeVonne (New York)

Clayton, Theaosesus (North Carolina)

Greenberg, Jack (New York)

Pearson, C. O. (North Carolina)

Attorneys(s) for Defendant

Long, Richard (North Carolina)

Spears, Marshall T. (North Carolina)

Documents in the Clearinghouse

Document

1:64-00167

Docket

June 25, 1973

June 25, 1973

Docket

Resources

Docket

Last updated Aug. 4, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: North Carolina

Case Type(s):

School Desegregation

Key Dates

Filing Date: Oct. 5, 1964

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

African-American minor school children by and through their parents

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Person County, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1964 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Reporting

Student assignment

Issues

General:

Disparate Treatment

Education

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run