Case: 30 Related School Desegregation Cases in the Southern District of Mississippi

U.S. District Court for the Southern District of Mississippi

Clearinghouse coding complete

Case Summary

In this early school desegregation matter, the judges of the U.S. District Court for the Southern District of Mississippi decided to address certain issues together, sitting en banc. They decided twenty-five school desegregation cases together, holding that freedom of choice plans were acceptable to desegregate public schools. On appeal, the Fifth Circuit held in United States v. Hinds County School Board that freedom of choice plans were not an appropriate method to desegregate the schools be…

In this early school desegregation matter, the judges of the U.S. District Court for the Southern District of Mississippi decided to address certain issues together, sitting en banc. They decided twenty-five school desegregation cases together, holding that freedom of choice plans were acceptable to desegregate public schools. On appeal, the Fifth Circuit held in United States v. Hinds County School Board that freedom of choice plans were not an appropriate method to desegregate the schools because no white students had ever attended any of the traditionally black schools in the districts and every school district included in the appeal continued to maintain all-black schools. The cases were remanded to the district court and schools were ordered to establish new desegregation plans that used methods other than the freedom of choice plans. 417 F.2d 852 (5th Cir. 1969) (per curiam).

The cases returned to the Fifth Circuit, with five more cases added to the appeal, after the Supreme Court’s decision in Alexander v. Holmes County Board of Education. In Alexander, the Supreme Court held that “school districts . . . may no longer operate a dual school system based on race or color” and they had to “begin immediately to operate as unitary school systems within which no person is to be effectively excluded from any school because of race or color.” The Supreme Court remanded cases back to the Fifth Circuit to ensure school districts complied with its order in Alexander. 396 U.S. 19 (1969).

The Fifth Circuit ordered that permanent school desegregation plans from the U.S. Department of Health, Education, and Welfare (HEW) were to be immediately enforced. Some of the school districts’ plans were modified by the Fifth Circuit. 423 F.2d 1264 (5th Cir. 1969) (per curiam).

In unavailable district court opinions, the district court modified the desegregation plans. The Fifth Circuit reviewed the plans on appeal and also modified/adopted updated desegregation plans.

Throughout the 1970s, 1980s, 1990s, and 2000s, many of the school districts submitted annual reports to the court. Some of the school districts remain under court monitoring as of May 2017, while others have achieved unitary status and the desegregation orders have been dismissed.

Available Opinions

United States v. Hinds Cty. Sch. Bd., 417 F.2d 852 (5th Cir. 1969) (per curiam), cert. denied, 396 U.S. 1032 (1970).

United States v. Hinds Cty. Sch. Bd., 423 F.2d 1264 (5th Cir. 1969) (per curiam).

United States v. Hinds Cty. Sch. Bd., 433 F.2d 598 (5th Cir. 1970) (per curiam).

United States v. Hinds Cty. Sch. Bd., 433 F.2d 602 (5th Cir. 1970) (per curiam).

United States v. Hinds Cty. Sch. Bd., 433 F.2d 605 (5th Cir. 1970) (per curiam).

United States v. Hinds Cty. Sch. Bd., 433 F.2d 611 (5th Cir. 1970) (per curiam).

United States v. Hinds Cty. Sch. Bd., 433 F.2d 619 (5th Cir. 1970) (per curiam).

United States v. Hinds Cty. Sch. Bd., 433 F.2d 622 (5th Cir. 1970) (per curiam).

United States v. Hinds Cty. Sch. Bd., 516 F.2d 974 (5th Cir. 1975) (per curiam).

Summary Authors

Amelia Huckins (5/14/2017)

Related Cases

United States of America v. Philadelphia Municipal Separate School District, Southern District of Mississippi (1966)

United States v. Covington County School District, Southern District of Mississippi (1966)

United States of America v. Franklin County School District, Southern District of Mississippi (1968)

US vs. Lincoln County School District, Southern District of Mississippi (1968)

United States of America v. Lawrence County School, Southern District of Mississippi (1967)

Harris v. Yazoo County Board of Education, Southern District of Mississippi (1967)

United States v. Amite County School District, Southern District of Mississippi (1966)

U.S. v. Hinds County School District, Southern District of Mississippi (1976)

Hudson v. Leake County School District, Southern District of Mississippi (1963)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17956172/parties/gipson-v-edmonds/


Judge(s)

Bell, Griffin Boyette (Georgia)

Brown, John Robert (Louisiana)

Cox, William Harold (Mississippi)

Keady, William Colbert (Mississippi)

Morgan, Lewis Render (Georgia)

Nixon, Walter Louis Jr. (Mississippi)

Russell, Dan Monroe Jr. (Mississippi)

Thornberry, William Homer (Texas)

Attorneys(s) for Plaintiff

Banks, Fred L. Jr. (Mississippi)

Doar, John (District of Columbia)

Judge(s)

Bell, Griffin Boyette (Georgia)

Brown, John Robert (Louisiana)

Cox, William Harold (Mississippi)

Keady, William Colbert (Mississippi)

Morgan, Lewis Render (Georgia)

Nixon, Walter Louis Jr. (Mississippi)

Russell, Dan Monroe Jr. (Mississippi)

Thornberry, William Homer (Texas)

Attorneys(s) for Plaintiff

Banks, Fred L. Jr. (Mississippi)

Doar, John (District of Columbia)

Dougherty , Burtis M. (District of Columbia)

Hauberg, Robert E. Jr. (Mississippi)

Katzenbach, Nicholas de B. (District of Columbia)

Owen, D. Robert (District of Columbia)

Attorneys(s) for Defendant

Alford, Herman (Pennsylvania)

Allain, William A. (Mississippi)

Gordon, J. D. (Mississippi)

Hewitt, W. W. (Mississippi)

Hobbs, H.W. Jr. (Mississippi)

Mill, Robert A. (Mississippi)

Watkins, Thomas H. (Mississippi)

Documents in the Clearinghouse

Document

Philadelphia Docket

April 18, 1974 Docket
1

Franklin County Original Docket

Jan. 9, 1981 Docket
1

Lincoln County Docket

Jan. 9, 1981 Docket
1

Amite County Docket

April 26, 1985 Docket

Franklin County Electronic Docket

Feb. 10, 2011 Docket

Order and Opinion

U. S. Court of Appeals for the Fifth Circuit

417 F.2d 852

July 3, 1969 Order/Opinion

Order and Opinion

U. S. Court of Appeals for the Fifth Circuit

423 F.2d 1264

Nov. 7, 1969 Order/Opinion

Order and Opinion

U. S. Court of Appeals for the Fifth Circuit

433 F.2d 602

Aug. 5, 1970 Order/Opinion

Order and Opinion

U. S. Court of Appeals for the Fifth Circuit

433 F.2d 611

Aug. 5, 1970 Order/Opinion

Order and Opinion

U. S. Court of Appeals for the Fifth Circuit

433 F.2d 605

Aug. 5, 1970 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17956172/gipson-v-edmonds/

Last updated May 12, 2022

ECF Number Description Date Link

Partial Payment of Filing Fee

Oct. 6, 2020 PACER
28

Mail Returned

Oct. 13, 2020 PACER

Partial Payment of Filing Fee

Nov. 20, 2020 PACER

Partial Payment of Filing Fee

Jan. 29, 2021 PACER
29

Mail Returned

Feb. 3, 2021 PACER

Partial Payment of Filing Fee

March 11, 2021 PACER
30

Mail Returned

March 17, 2021 PACER

Partial Payment of Filing Fee

May 10, 2021 PACER
31

Mail Returned

May 18, 2021 PACER

Partial Payment of Filing Fee

June 8, 2021 PACER

Partial Payment of Filing Fee

July 13, 2021 PACER
32

Mail Returned

Aug. 23, 2021 PACER
33

Mail Returned

Aug. 23, 2021 PACER

State / Territory: Mississippi

Case Type(s):

School Desegregation

Key Dates

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs were private citizens residing in towns across the Southern District of Mississippi and the United States Department of Justice.

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

Hinds County School Board (Raymond, Hinds), School District

Kemper County School Board (DeKalb, Kemper), School District

North Pike Consolidated School District (Summit, Pike), School District

Natchez Special Municipal Separate School District (Natchez, Adams), School District

Marion County School District (Columbia, Marion), School District

Canton Municipal School District (Canton, Madison), School District

South Pike Consolidated School District (Magnolia, Pike), School District

Holmes County Board of Education (Lexington, Holmes), School District

Yazoo County Board of Education (Yazoo City, Yazoo), School District

Meridian Separate School District (Meridian, Lauderdale), School District

Neshoba County School District (Philadelphia, Neshoba), School District

Noxubee County School District (Macon, Noxubee), School District

Lauderdale County School District (Meridian, Lauderdale), School District

Leake County School Board (Carthage, Leake), School District

Columbia Municipal Separate School (Columbia, Marion), School District

Amite County School District (Liberty, Amite), School District

Covington County School District (Collins, Covington), School District

Lawrence County School District (Monticello, Lawrence), School District

Issaquena County Board of Education (Mayersville, Issaquena), School District

Wilkinson County School District (Woodville, Wilkinson), School District

Enterprise Consolidated School District (Enterprise, Clarke), School District

Lincoln County School District (Brookhaven, Lincoln), School District

Philadelphia Municipal Separate School District (Philadelphia, Neshoba), School District

Franklin County School District (Meadville, Franklin), School District

Anguilla Line School District (Anguilla, Sharkey), School District

Holly Bluff Schools (Holly Bluff, Yazoo), School District

Quitman School District (Quitman, Clarke), School District

Forrest County School District (Hattiesburg, Forrest), School District

Madison County School District (Ridgeland, Madison), School District

South Delta School District (Rolling Fork, Sharkey), School District

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Busing

Student assignment

Discrimination Prohibition

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Reporting

Recordkeeping

Monitoring

Issues

General:

Buildings

Disparate Treatment

Education

Language access/needs

Racial segregation

School/University Facilities

School/University policies

Staff (number, training, qualifications, wages)

Transportation

Discrimination-area:

Zoning

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run