Case: Adams v. Rankin County Board of Education

3:67-cv-04156 | U.S. District Court for the Southern District of Mississippi

Filed Date: Aug. 1, 1967

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Case Summary

This is a school desegregation case that was filed on August 1, 1967 in the U.S. District Court for the Southern District of Mississippi. Plaintiffs, black students and their families who resided in Rankin County, Mississippi, sought to integrate the Rankin County public schools. Renowned civil rights attorney Melvyn Leventhal was one of the attorneys who represented the plaintiffs.On September 26, 1967, Rankin County was permanently enjoined from discriminating on the basis of race in its publ…

On September 26, 1967, Rankin County was permanently enjoined from discriminating on the basis of race in its public schools. Rankin County was ordered to affirmatively take steps to eliminate its dual school system and desegregate its schools. According to a later Fifth Circuit opinion, the desegregation plan eventually approved by District Judge Dan M. Russell on January 2, 1970 included three combination elementary/junior high schools housing grades 1 through 9 and one high school for all students in grades 10 through 12. Students were assigned to schools so that they would be desegregated. Additionally, the court allowed a majority-to-minority transfer program, faculty and staff were to be assigned without regard to race, and transportation was to be regularly examined to ensure all pupils were transported to and from school on a non-discriminatory basis. The U.S. Department of Health, Education, and Welfare (HEW) was instructed to submit a desegregation plan that conformed with all constitutional standards in accordance with the provisions set out in the order.

The U.S. Department of Justice entered the action on February 26, 1971 as an amicus curiae. The DOJ filed a motion to enforce all of the court's desegregation orders on the same day. On June 16, 1971, the district court ordered Rankin County to immediately create non-racial objective criteria to use when selecting staff members and to reevaluate all hiring decisions made regarding black school personnel (including school principals) who were not rehired after January 2, 1970. The district court required that Rankin County take steps to desegregate the McLaurin Attendance Center. It also ordered Rankin County to submit reports to the court regarding the segregation of students by race and gender in classrooms and on district transportation.

The plaintiffs then appealed to the Fifth Circuit. On September 27, 1973, the Fifth Circuit reversed and remanded the case to the district court and held that Rankin County schools were not unitary. The Fifth Circuit stated that the district court had to reconsider the desegregation plan it formerly approved of because the McLaurin Attendance Center's ratio of ten black students to one white student was not reflective of a unitary school system. Under the original desegregation plan, the McLaurin Attendance Center was supposed to have a 2:1 black to white ratio; however, because of white flight and attendance zone jumping by white students and their families assigned to the McLaurin Attendance Center, the ratio jumped to 10:1. The Fifth Circuit also held that new teachers could not be hired based on their qualifications alone because new teachers' qualifications exceeded those of former teachers who were displaced by the desegregation plan. The Fifth Circuit ordered that black teachers who had been dismissed and discriminated against needed to be reinstated regardless of their qualifications. Additionally, the Fifth Circuit ordered that Rankin County comply with the Constitution and implement a unitary school system because of "the long history of opposition to the unitary school concept in Rankin County." Finally, the Fifth Circuit remanded the case for the district court to determine if Rankin County had eliminated all vestiges of a dual system, particularly relating to extracurricular activities. 485 F.2d 324 (5th Cir. 1973).

The Judge Russell submitted reports to the Fifth Circuit on July 10, 1974 and December 23, 1974 in accordance with the 1973 Fifth Circuit remand. This report reinstated twenty employees, but did not reinstate all teachers who were dismissed during the unitary system implementation. The Fifth Circuit later held that the teachers who were not reinstated did not have to be reinstated because one could conclude they were incompetent and were not dismissed as a result of racial discrimination. The case was then remanded back to district court in order to determine how much backpay was owed to them. 524 F.2d 928 (5th Cir. 1975), cert. denied, 438 U.S. 904 (1978). On August 5, 1980, these teachers were awarded $164,139.90 in backpay.

Throughout the late 1970s into 1980s, Rankin County submitted annual reports to the court.

In 1976, the Pearl Public School District (PPSD) was carved out of the Rankin County School District. A 1978 consent order by the district court modified attendance zones in Rankin County to create the new school district and ensure compliance with ongoing desegregation efforts. PPSD intervened in the case as a defendant in 1995. A consent decree was entered in 1997 between Rankin County and PPSD resolving disputes regarding boundaries between the two districts and allowing students residing in certain areas to choose whether to attend PPSD or Rankin County schools. A motion was filed by Rankin County on June 1, 2010 to modify the 1997 consent decree. An agreed order was signed by District Judge Tom S. Lee on January 10, 2012. Judge Lee noted that students who had been allowed to choose whether to attend Rankin County schools or PPSD could stay there because the number of students affected was small and there would be "no appreciable impact on desegregation efforts." PPSD boundaries were expanded via a consent order that was signed on November 11, 2012.

On June 15, 2017, the Rankin County School District submitted an Unopposed Motion of School Construction for approval to the district court as required by the consent order. The motion, associated with Rankin County's bond proposal, promised to build 75 additional new classrooms and a new high school facility in the Northwest Attendance Zone among other renovations. The 178.5 million dollar bond was previously voted through an election held March 7, 2017, which yielded around 73 percent approval. The plaintiffs filed a response to the motion, indicating no objections to the proposal on June 22, 2017. On June 26, 2017, Judge Lee granted the motion.

	Document
3:67-cv-04156	Original Docket Adams v. Rankin County	Aug. 1, 1967	Aug. 1, 1967 Docket
3:67-cv-04156	Docket [PACER]	June 26, 2017	June 26, 2017 Docket
71-02309	Order and Opinion U.S. Court of Appeals for the Fifth Circuit	Sept. 27, 1973	Sept. 27, 1973 Order/Opinion 485 F.2d 324
75-01991	Order and Opinion U.S. Court of Appeals for the Fifth Circuit	Dec. 1, 1975	Dec. 1, 1975 Order/Opinion 524 F.2d 928
75-01710	Brief for the United States as Amicus Curiae Supreme Court of the United States	May 13, 1977	May 13, 1977 Pleading / Motion / Brief
2-1 3:67-cv-04156	1997 Consent Decree	June 1, 1997	June 1, 1997 Order/Opinion
82 3:67-cv-04156	Consent Order for Enlargement of Pearl Attendance Zone	Nov. 1, 2012	Nov. 1, 2012 Order/Opinion
86 3:67-cv-04156	Order	June 26, 2017	June 26, 2017 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ; (fe) (Entered: 02/28/1996)	Aug. 1, 1967	Aug. 1, 1967 PACER
7	COPY OF ORIGINAL DOCKET SHEET. (cwl) (Entered: 07/20/2010)	Aug. 1, 1967	Aug. 1, 1967 PACER
	It will be necessary to review, re 7 docket sheet for complete information in this case. (fe) Modified on 7/20/2010 (cwl).	Feb. 28, 1996	Feb. 28, 1996 PACER
	Magistrate Judge Assignment (fe)	Feb. 28, 1996	Feb. 28, 1996 PACER
	Case closed (fe)	Feb. 28, 1996	Feb. 28, 1996 PACER
2	MOTION to Amend/Correct Consent Decree of May 1, 1997 by Rankin County, MS School District (Attachments: # 1 Exhibit 1 - Resolution, # 2 Exhibit 2 - El Dorado Area, # 3 Exhibit 3 - Patrick Farms Area, # 4 Exhibit 4 - Greenfield Village Area and Highlands Area, # 5 Exhibit 5 - Highlands Area) (cwl) (Entered: 06/01/2010)	June 1, 2010	June 1, 2010 PACER
3	NOTICE of Appearance by Paul E. Barnes on behalf of Pearl Public School District (Barnes, Paul) (Entered: 07/01/2010)	July 1, 2010	July 1, 2010 PACER
4	NOTICE of Appearance by James L. Robertson on behalf of Pearl Public School District (Robertson, James) (Entered: 07/01/2010)	July 1, 2010	July 1, 2010 PACER
5	RESPONSE in Opposition re 2 MOTION to Amend/Correct Consent Decree of May 1, 1997 by Rankin County, MS School District filed by Pearl Public School District (Barnes, Paul) (Entered: 07/01/2010)	July 1, 2010	July 1, 2010 PACER
6	MOTION for Extension of Time to File Response/Reply as to 5 Response in Opposition to Motion by Rankin County, MS School District (Adams, Joseph) (Entered: 07/14/2010)	July 14, 2010	July 14, 2010 PACER
8	REPLY to Response to Motion re 2 MOTION to Amend/Correct Consent Decree of May 1, 1997 by Rankin County, MS School District Modified on 8/2/2010 court staff corrected linkage (cwl). (Entered: 07/30/2010)	July 30, 2010	July 30, 2010 PACER
9	Scanned copy of docket sheet attached. It will be necessary to review this docket sheet for complete docket information in this case from filing through 3/18/2005. Original docket sheet and case file have been shipped to Archives. (sam). (Entered: 07/30/2010)	July 30, 2010	July 30, 2010 PACER
10	REPLY to Response to Motion re 2 MOTION to Amend/Correct Remark filed by Rankin County, MS School District (Attachments: # 1 Exhibit 1 - Itemization)(Adams, Joseph) (Entered: 08/26/2010)	Aug. 26, 2010	Aug. 26, 2010 PACER
11	Joinder by John Q. Adams (Attachments: # 1 Exhibit 1 - Motion to Modify Consent Decree)(Adams, Joseph) (Entered: 09/20/2010)	Sept. 20, 2010	Sept. 20, 2010 PACER
12	ORDER OF RECUSAL. District Judge Tom S. Lee recused. Case reassigned to Judge Unassigned for all further proceedings Signed by District Judge Tom S. Lee on 1/27/2011 (cwl) (Entered: 01/27/2011)	Jan. 27, 2011	Jan. 27, 2011 PACER
13	MOTION for Reconsideration re 12 Order of Recusal by Pearl Public School District (Attachments: # 1 Exhibit A - Declaration of Sheryl M. Bey)(Barnes, Paul) (Entered: 01/31/2011)	Jan. 31, 2011	Jan. 31, 2011 PACER
14	ORDER granting 13 Motion for Reconsideration of 12 Order of Recusal. Said order of recusal is hereby WITHDRAWN. Signed by District Judge Tom S. Lee on 2/8/11 (LWE) (Entered: 02/09/2011)	Feb. 9, 2011	Feb. 9, 2011 PACER
	Case REASSIGNED to District Judge Tom S. Lee and Magistrate Judge Michael T. Parker. Judge Unassigned no longer assigned to the case. (LWE)	Feb. 9, 2011	Feb. 9, 2011 PACER
15	NOTICE of Termination of Counsel by United States Department of Justice (Meynardie, John) (Entered: 02/15/2011)	Feb. 15, 2011	Feb. 15, 2011 PACER
16	NOTICE of Appearance by Alfred B. Jernigan, Jr on behalf of United States Department of Justice (Jernigan, Alfred) (Entered: 02/17/2011)	Feb. 17, 2011	Feb. 17, 2011 PACER
	Minute Entry for proceedings held before District Judge Tom S. Lee: Status Conference held on 2/17/2011 in chambers. An agreed order is to be presented to Judge Lee within 30 days regarding the resolution of the pending motions in this case. (LWE)	Feb. 17, 2011	Feb. 17, 2011 PACER
17	MOTION to Withdraw as Attorney by Rankin County, MS School District (Orlansky, Steven) (Entered: 02/22/2011)	Feb. 22, 2011	Feb. 22, 2011 PACER
18	ORDER granting 17 Motion to Withdraw as Attorney. Attorney Steven D. Orlansky terminated. Signed by Magistrate Judge Michael T. Parker on February 23, 2011 (KPM) (Entered: 02/23/2011)	Feb. 23, 2011	Feb. 23, 2011 PACER
	TEXT ONLY ORDER finding as moot 6 Motion for Extension of Time to File Response/Reply (*reply filed 7/30/10). Issued by District Judge Tom S. Lee on 3/31/11. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. (LWE)	March 31, 2011	March 31, 2011 PACER
19	Letter to Judge Tom S. Lee from Attorney Christopher S. Awad dated 6/13/11 re: follow-up to status conference held 2/17/11. (LWE) (Entered: 06/17/2011)	June 17, 2011	June 17, 2011 PACER
20	MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status by Pearl Public School District (Attachments: # 1 Exhibit A - PPSD Resolution of 10-27-11, # 2 Exhibit B - Declaration of Richard A. Boyd)(Robertson, James) (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011 PACER
21	MEMORANDUM in Support re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Pearl Public School District (Robertson, James) (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011 PACER
22	MOTION to Amend/Correct 5 Response in Opposition to Motion to Modify Consent Decree by Pearl Public School District (Attachments: # 1 Exhibit A - PPSD Amendment to its Response to RCSD's Motion to Modify Consent Decree)(Robertson, James) (Entered: 11/04/2011)	Nov. 4, 2011	Nov. 4, 2011 PACER
23	NOTICE of Service of Interrogatories by Pearl Public School District (Robertson, James) (Entered: 11/08/2011)	Nov. 8, 2011	Nov. 8, 2011 PACER
24	NOTICE of Service of Request for Production by Pearl Public School District (Robertson, James) (Entered: 11/08/2011)	Nov. 8, 2011	Nov. 8, 2011 PACER
25	ORDER granting Rankin County School District until 12/23/11 to respond to pending motions, etc., as set out herein. Signed by District Judge Tom S. Lee on 11/15/11 (LWE) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011 PACER
26	RESPONSE in Opposition re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by United States Department of Justice (Jernigan, Alfred) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011 PACER
27	NOTICE of Appearance by Benjamin E. Griffith on behalf of Rankin County, MS School District (Griffith, Benjamin) (Entered: 11/20/2011)	Nov. 20, 2011	Nov. 20, 2011 PACER
28	Rebuttal re 26 Response in Opposition to Motion for Enlargement of Pearl Attendance Zone and Declaration of Unitary Status filed by Pearl Public School District (Robertson, James) (Entered: 11/22/2011)	Nov. 22, 2011	Nov. 22, 2011 PACER
29	NOTICE of Hearing: Status Conference set for 1/10/2012 01:00 PM before District Judge Tom S. Lee in chambers at 501 East Court Street, Suite 4.756, Jackson, MS.(LWE) (Entered: 12/14/2011)	Dec. 14, 2011	Dec. 14, 2011 PACER
30	MOTION for Leave to File Amended Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status by Pearl Public School District (Attachments: # 1 Appendix A - Amended Motion for Enlargement of PAZ)(Robertson, James) (Entered: 12/16/2011)	Dec. 16, 2011	Dec. 16, 2011 PACER
	CORRECTED NOTICE of Hearing: Status Conference set for 1/10/2012 01:00 AM in Courtroom 4A (Jackson) Lee before District Judge Tom S. Lee (*previous notice contained incorrect location address)(LWE)	Dec. 20, 2011	Dec. 20, 2011 PACER
	SECOND CORRECTED NOTICE of Hearing: Status Conference set for 1/10/2012 01:00 PM in Courtroom 4A (Jackson) Lee before District Judge Tom S. Lee (*previous entry stated 1:00 AM, should have stated 1:00 PM)(LWE)	Dec. 20, 2011	Dec. 20, 2011 PACER
31	RESPONSE in Opposition re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Rankin County, MS School District (Griffith, Benjamin) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
32	MEMORANDUM in Opposition re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Rankin County, MS School District (Attachments: # 1 Exhibit A)(Griffith, Benjamin) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER

Case: Adams v. Rankin County Board of Education

3:67-cv-04156 | U.S. District Court for the Southern District of Mississippi

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