Case: U.S. v. Hinds County School District

(This summary is temporary, while we research the case.)

This matter was consolidated with twenty-four other school desegregation cases in the Southern District of Mississippi under the name United States v. Hinds County School Board. All the district judges in the Southern District of Mississippi heard the issue together, and in an unavailable en banc district court opinion, allowed the continued use of a freedom of choice plan to desegregate the schools.

The Fifth Circuit heard an appeal and reversed the district court’s decision, holding that freedom of choice plans were insufficient to desegregate the schools and establish a unitary system. The Fifth Circuit reasoned that since all of the school districts, including Covington County, continued to operate all-black schools, the freedom of choice plans had to be abandoned and other methods, like zoning and pairing, would be used to desegregate schools instead. The Fifth Circuit remanded the case to the district court and ordered the school districts to submit new desegregation plans to the district court. Additionally, the Fifth Circuit requested that the U.S. Department of Health, Education, and Welfare (HEW) assist the school districts as they prepared their new desegregation plans. U.S. v. Hinds County School District, 417 F.2d 852 (5th Cir. 1969) (per curiam).