Case: Lee and United States of America v. Macon County School Board (M.D. Ala. cases)

3:70-cv-00846 | U.S. District Court for the Middle District of Alabama

Filed Date: 1970

Clearinghouse coding complete

Case Summary

This Clearinghouse entry discusses the post 1970 proceedings in Lee v. Macon County, a seminal Alabama desegregation case. That case originated in the Middle District of Alabama and was transferred to a three-judge district court which supervised school desegregation across the state. However, after 1970, the statewide case was dissolved and desegregation cases in individual school districts were sent to the judicial districts that encompassed them. This Clearinghouse entry describes the Lee li…

This Clearinghouse entry discusses the post 1970 proceedings in Lee v. Macon County, a seminal Alabama desegregation case. That case originated in the Middle District of Alabama and was transferred to a three-judge district court which supervised school desegregation across the state. However, after 1970, the statewide case was dissolved and desegregation cases in individual school districts were sent to the judicial districts that encompassed them. This Clearinghouse entry describes the Lee litigation in the Middle District of Alabama after 1970. To read about what happened between 1963, when the case was filed, and 1970, please see Lee v. Macon County Bd. of Ed.

Pre-1997 Litigation

Chambers County

Like many other Alabama jurisdictions, Chambers County was bound by a desegregation plan created by the original Lee three-judge district court. In the 1980s, some portions of the county chose to incorporate their communities into the new city of Valley, Alabama. Valley residents hoped to operate their own school district, but when they sought preclearance from the DOJ – as required by the Voting Rights Act at the time – they were denied. In February of 1992, the city then moved to intervene in the Lee case concerning Chambers County. After making changes to the structure of its elected school board, Valley received pre-clearance from the DOJ in July 1992. However, the county Board of Education still opposed the split. However, after a bench trial, on August 8, 1994 District Judge W. Harold Albritton III found that allowing Valley to operate its own school system would impede desegregation in Chambers County schools, and accordingly barred it. 849 F.Supp. 1474. Valley later moved to alter that judgment, but Judge Albritton denied that motion. 859 F.Supp. 1470.

Around the same time as the splinter district litigation, Chambers County also received judicial scrutiny for allowing some students to attend schools in neighboring counties, which violated the 1970 desegregation order. Judge Albritton enjoined this practice as well in a February 1994 order. 1994 WL 241165.

Geneva County

Geneva County Alabama was also bound by a desegregation plan created by the three-judge district court. After a high school in the county was destroyed by fire in December of 1994, the county and the state of Alabama went to federal court to decide where a replacement would be sited. In July of 1995, Judge W. Harold Albritton III approved a new site, however, he retained supervision of the county under the desegregation plan. 892 F.Supp. 1387.

Randolph County

The Lee case was reopened in Randolph County, Alabama when Hulond Humphries, the principal of the county high school, apparently canceled prom after learning that mixed race student couples would attend and referred to a mixed race student in attendance as a “mistake.” (This was not Principal Humphries first interaction with the Lee litigation – in 1974 the Fifth Circuit had found that an attempt by Humphries to expel two apparently Black students from school violated the students’ Due Process rights. 490 F.2d 458.) After an investigation by the DOJ Civil Rights Division, the county school board and the DOJ reached a consent decree in 1994 that included numerous provisions aimed at improving the integration of Randolph County schools. Later, the DOJ and the county agreed that Humphries could continue to work for the County as a consultant but would not be allowed to appear on school campuses or have contact with students. Members of the local Black community objected to this settlement; however, after a fairness hearing, Judge Myron Thompson approved it on February 17, 1995. 160 F.R.D. 642. Judge Thompson later granted the attorneys representing Black Randolph residents attorney’s fees under 42 U.S.C. § 1988. 885 F.Supp. 1526.

Randolph County operated its schools under court supervision until June of 2021. Prior to that, it had been bound by the 1994 consent decree, except for some small modifications made in the early 2010s. In early 2021, the County moved for unitary status, and the DOJ did not object. Judge Thompson thus released Randolph County schools from federal supervision for the first time in over fifty years. 2021 WL 2554622.

Russell County

Russell County, Alabama was also bound by a desegregation plan created by the three-judge district court. After it refused to renew the employment contracts of several teachers of color in 1979, the county school board was challenged in federal court by the National Education Association as part of the greater Lee litigation. The district court found that the school board acted properly. However, it was later reversed by the Eleventh Circuit, which found that the district court did not properly apply the test for determining whether an employment discharge was racially motivated set out by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). 684 F.2d 769. However, on remand, the school board prevailed again in a bench trial before District Judge Robert E. Varner, and the result of that trial was later affirmed by the Eleventh Circuit. 744 F.2d 768.

Unitary Status and the End of the Lee Litigation

Various Lee cases continued to be litigated across Alabama through the 80s and 90s. However, in February of 1997, Judge Myron H. Thompson began the process of ending many of the Middle District Lee cases. (Interestingly, Judge Thompson was a 1965 graduate of Tuskegee Institute High School, one of the high schools implicated in the original Lee. v. Macon County case. See Honorable Myron H. Thompson: Biography.) Judge Thompson ordered the DOJ to begin the process by conferring with each defendant school district (in the Middle District) and submitting joint proposals as to how the court should proceed in each of those cases toward a declaration of unitary status. This new, proactive stance from the court was at least partially motivated by the Supreme Court’s opinion in Freeman v. Pitts, 503 U.S. 467 (1992), which states, “Returning schools to the control of local authorities at the earliest practicable date is essential to restore their true accountability in our governmental system.”

This new initiative prompted the Government to ask the court whether the statewide parties in the original 1963 litigation (the Governor and the State Board of Education) were still party to each of Lee’s progeny cases. On April 21, 1997, the court decided that they were, 963 F.Supp. 1122, meaning winding down the Lee litigation would involve the state of Alabama, as well as the individual districts. As a result, on February 3, 1998, the court ordered the parties to report to the court on the status of all statewide issues, and on July 31, 1998, the parties submitted a joint statement identifying two unresolved statewide issues: (1) the over-representation of Black students in learning and emotionally disabled classifications and the under-representation of Black students in gifted and talented programs; and (2) facilities. A sign of Lee's status as a legacy case, the joint statement was signed by Fred Gray Jr., son of the Fred Gray (Sr.) who filed the initial complaint in 1963. On August 30, 2000, the court approved the consent decree, with the express goal of having them addressed so that the court could remove itself from the schools’ administration. 2000 WL 33680483.

Over the next decade Judge Thompson found that school districts across the Middle District had reached unitary status. 2002 WL 237032 (City of Opelika); 2002 WL 237091 (City of Auburn); 2002 WL 31102679 (City of Alexander); 2002 WL 360000 (Russell County); 2002 WL 31757973 (Tallapoosa County); 183 F.Supp.2d 1359 (Butler County); 2002 WL 1268395 & 2005 WL 2850111 (Lee County); 2004 WL 1809877 (Elmore County); 2004 WL 1699068 (Autauga County); 2005 WL 2850392 (City of Phenix); 2006 WL 269942 (Covington County); 2007 WL 1196482 (City of Roanoke)

On March 8 and April 28, 2007, Judge Thompson declared that the state of Alabama had fulfilled its constitutional duties as to the two remaining aspects of its statewide injunction and, on May 22, 2006, declared that Macon County itself had reached unitary status (2006 WL 1381873), thus dissolving the core substantive and symbolic components of the case. Some aspects of the case still dragged on though. In 2009, Judge Thompson found that school facilities across the state came into compliance with a 2006 consent order. 2009 WL 1231497. And in some counties, Lee lasted over a decade after most defendants were dismissed. See e.g., 2021 WL 2554622.

The case is officially closed; however, the record does leave uncertainty as to whether there are any outstanding injunctions in effect, for instance, in counties that had their initial desegregation proposals approved and thus were never made party to any post-1970 litigation and thus were never formally declared unitary. The unusual and convoluted history of this case potentially leaves several such elements up for interpretation.

Dockets

When the statewide case was split up, the original Macon County case was given a new docket number, 3:70-cv-00846-MHT-DRB, and the remaining school districts were assigned the following captions and docket numbers:

	Document
3:70-cv-00847	Docket [PACER] Lee v. Randolph Board of Education (Randolph County)	July 16, 2021	July 16, 2021 Docket
0:80-07761	Opinion Lee v. Russell County Board of Education U.S. Court of Appeals for the Eleventh Circuit	Sept. 1, 1982	Sept. 1, 1982 Order/Opinion 684 F.2d 769
0:83-07505	Opinion Lee v. Russell County Board of Education U.S. Court of Appeals for the Eleventh Circuit	Oct. 18, 1984	Oct. 18, 1984 Order/Opinion 744 F.2d 768
3:70-cv-00844	Order Lee v. Chambers County Board of Education (Randolph County)	Feb. 16, 1994	Feb. 16, 1994 Order/Opinion 1994 WL 241165
3:70-cv-00844	Findings of Fact and Conclusions of Law Lee v. Chambers County Board of Education (Lanett City Board of Education)	April 8, 1994	April 8, 1994 Order/Opinion 849 F.Supp. 1474
3:70-cv-00844	Memorandum Opinion and Order Lee v. Chambers County Board of Education (Lanett City Board of Education)	Aug. 8, 1994	Aug. 8, 1994 Order/Opinion 859 F.Supp. 1470
123 3:70-cv-00847	Memorandum Opinion Lee v. Randolph County Board of Education	Feb. 17, 1995	Feb. 17, 1995 Order/Opinion 160 F.R.D. 642
163 3:70-cv-00847	Order Lee v. Randolph County Board of Education	April 26, 1995	April 26, 1995 Order/Opinion 885 F.Supp. 1526
01056	Memorandum Opinion & Order Lee v. Geneva County Board of Education	July 5, 1995	July 5, 1995 Order/Opinion 892 F.Supp. 1387
0:70-00845 0:70-00848 0:70-00849 0:70-00850 0:70-00851 0:70-00853 0:70-00854 0:70-00855 0:70-03099 0:70-03102 0:70-03103	Opinion Lee v. Lee County Board of Education	April 21, 1997	April 21, 1997 Order/Opinion 963 F.Supp. 1122

ECF Number	Description	Date	Link Date / Link
	For entries prior to June 24, 1970, see docket sheet of 604-E (NO PDF document attached to this notice). (djy, )	June 24, 1970	June 24, 1970 PACER
	ORDER transferring the case against the Macon County school system, amoung others, from the jurisdiction of the three-judge court in Civil Action No. 604-E to the jurisdiction of a single judge or judges in the Middle District of Alabama (NO PDF document attached to this notice). (djy, )	June 24, 1970	June 24, 1970 PACER
1	Copy of hard copy docket sheet reflecting all prior proceedings in case. (djy, ) (Entered: 06/23/2005)	June 24, 1970	June 24, 1970 RECAP
74	PETITION/MOTION for expedited approval to close two schools and for the opening of a new elementary school by Macon County Board of Education. (djy, ) Modified on 6/23/2005 to correct docket entry number to 74, all previous docket entries reflected on hard copy docket sheet 1 (qc/djy, ). (Entered: 06/23/2005)	June 17, 2005	June 17, 2005 RECAP
	Judge Delores R. Boyd added as referral judge. (ajr, )	June 23, 2005	June 23, 2005 PACER
75	ORDER that no later than 8/12/05 counsel for USA shall file a proposal as to how parties and the court should proceed toward a declaration of unitary status and for the eventual termination of this litigation; Status Conference set for 8/19/2005 08:15 AM by telephone before Honorable Myron H. Thompson; furnished to SC, YG, HC. Signed by Judge Myron H. Thompson on 6/27/05. (ajr, ) (Entered: 06/27/2005)	June 27, 2005	June 27, 2005 RECAP
76	ORDER for other parties TO SHOW CAUSE as to why 74 Motion for Miscellaneous Relief, filed by Macon County Board of Education, should not be granted. Show Cause Response due by 7/15/2005. Signed by Judge Myron H. Thompson on 6/27/05. (ajr, ) (Entered: 06/27/2005)	June 27, 2005	June 27, 2005 RECAP
78	MOTION to Intervene by Artrice Austin, C. C., Jr, Gwendolyn S. Cobb, Ludie Hall, A. J., Keep South Macon Alive, J. M., T. M., Gloria Miles, Priscilla G. Moss, M. S., Dorothy Smith. (Attachments: # 1 Exhibit Plaintiffs-Intervenors' Exhibit List# 2 Exhibit 1- Affidavit of Priscilla Moss# 3 Exhibit 2-Affidavit of Gloria Miles# 4 Exhibit 3-Affidavit of Altrice Austin# 5 Exhibit 4-Affidavit of Dorothy A. Smith# 6 Exhibit 5-Affidavit of Gwendolyn Smith Cobb# 7 Exhibit 6-Affidavit of Ludie Hall# 8 Exhibit AA-Complaint# 9 Exhibit A-Affidavit of Norma McGowan Jackson# 10 Exhibit B-Affidavit of Theodore Samuel# 11 Exhibit C - Affidavit of Barbara Blackmon# 12 Exhibit D - Affidavit of Mary Cooper Johnson# 13 Exhibit E - Affidavit of Jannie Wilson O'Neal# 14 Exhibit Doretha Germany Smith# 15 Exhibit G - Affadavit of Pamela Sparks Smith# 16 Exhibit H - Affidavit of Alfonza Menefee# 17 Exhibit I - Affidavit of Gennie Tyson# 18 Exhibit J - Macon County BOE letter# 19 Exhibit K - attorney letter# 20 Exhibit Petition# 21 Exhibit Petition continued# 22 Exhibit L - attorney letter# 23 Exhibit M - Annual Report - 2003# 24 Exhibit M- Annual Report - 2003 continued# 25 Exhibit N - attorney letter# 26 Exhibit O - attorney letter# 27 Exhibit P - attachment# 28 Exhibit Q - Plaintiffs-Intervenors' Alternative Plan)(ajr, ) (Entered: 07/14/2005) 1 Exhibit Plaintiffs-Intervenors' Exhibit List View on RECAP 2 Exhibit Exhibit 1- Affidavit of Priscilla Moss View on RECAP 3 Exhibit Exhibit 2-Affidavit of Gloria Miles View on RECAP 4 Exhibit Exhibit 3-Affidavit of Altrice Austin View on RECAP 5 Exhibit Exhibit 4-Affidavit of Dorothy A. Smith View on RECAP 6 Exhibit Exhibit 5-Affidavit of Gwendolyn Smith Cobb View on RECAP 7 Exhibit Exhibit 6-Affidavit of Ludie Hall View on RECAP 8 Exhibit Exhibit AA-Complaint View on RECAP 9 Exhibit Exhibit A-Affidavit of Norma McGowan Jackson View on RECAP 10 Exhibit Exhibit B-Affidavit of Theodore Samuel View on RECAP 11 Exhibit C - Affidavit of Barbara Blackmon View on RECAP 12 Exhibit D - Affidavit of Mary Cooper Johnson View on RECAP 13 Exhibit E - Affidavit of Jannie Wilson O'Neal View on RECAP 14 Exhibit Doretha Germany Smith View on RECAP 15 Exhibit G - Affadavit of Pamela Sparks Smith View on RECAP 16 Exhibit H - Affidavit of Alfonza Menefee View on RECAP 17 Exhibit I - Affidavit of Gennie Tyson View on RECAP 18 Exhibit J - Macon County BOE letter View on RECAP 19 Exhibit K - attorney letter View on RECAP 20 Exhibit Petition View on RECAP 21 Exhibit Petition continued View on RECAP 22 Exhibit L - attorney letter View on RECAP 23 Exhibit M - Annual Report - 2003 View on RECAP 24 Exhibit M- Annual Report - 2003 continued View on RECAP 25 Exhibit N - attorney letter View on RECAP 26 Exhibit O - attorney letter View on RECAP 27 Exhibit P - attachment View on RECAP 28 Exhibit Q - Plaintiffs-Intervenors' Alternative Plan View on RECAP	July 12, 2005	July 12, 2005 RECAP
79	NOTICE of Appearance by Lateefah Muhammad on behalf of Artrice Austin, C. C., Jr, Gwendolyn S. Cobb, Ludie Hall, A. J., Keep South Macon Alive, J. M., T. M., Gloria Miles, Priscilla G. Moss, M. S., Dorothy Smith (ajr, ) (Entered: 07/14/2005)	July 12, 2005	July 12, 2005 RECAP
77	NOTICE of Appearance by Fred (Jr.) David Gray on behalf of Anthony T. Lee (Gray, Fred (Jr.)) (Entered: 07/14/2005)	July 14, 2005	July 14, 2005 RECAP
80	NOTICE of Appearance by Fred (Jr.) David Gray on behalf of National Education Association, Inc. (Gray, Fred (Jr.)) (Entered: 07/15/2005)	July 15, 2005	July 15, 2005 RECAP
81	Response to order to show cause as to why Defendant Macon County Board of Edcuation's Petition for Expedited Approval to Close Schools Should Not Be Granted filed by Anthony T. Lee. (Gray, Fred (Jr.) (Entered: 07/15/2005)	July 15, 2005	July 15, 2005 RECAP
82	ORDER re 78 MOTION to Intervene filed by Dorothy Smith, Gloria Miles, J. M., T. M., A. J., M. S., C. C. Jr., Priscilla G. Moss, Artrice Austin, Gwendolyn S. Cobb, Ludie Hall, Keep South Macon Alive, Brief due by 8/1/2005 Motion Submission Deadline set for 8/1/2005. Signed by Judge Myron H. Thompson on 7/21/05. (ajr, ) (Entered: 07/21/2005)	July 21, 2005	July 21, 2005 RECAP
83	ORDER Setting status conference on 78 MOTION to Intervene, 74 MOTION for expedited approval to close two schools and for the opening of a new elementary school:Status Conference set for 8/2/2005 03:00 PM by telephone before Honorable Myron H. Thompson; furnished to SC, YG, HC. Signed by Judge Myron H. Thompson on 7/21/05. (ajr, ) (Entered: 07/21/2005)	July 21, 2005	July 21, 2005 RECAP
84	NOTICE of Appearance by Pauline Ann Miller on behalf of United States of America (Miller, Pauline) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005 RECAP
85	First MOTION for Extension of Time to File Response/Reply as to 76 Order to Show Cause by United States of America. (Miller, Pauline) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005 RECAP
86	RESPONSE in Support re 74 MOTION for expedited approval to close two schools and for the opening of a new elementary school filed by United States of America. (Miller, Pauline) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005 RECAP
87	RESPONSE in Opposition re 78 MOTION to Intervene filed by United States of America. (Miller, Pauline) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005 RECAP
88	RESPONSE to Motion re 78 MOTION to Intervene filed by Anthony T. Lee. (Gray, Fred (Jr.)) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005 RECAP
	***Attorney Jeremiah Glassman for United States of America added. (ajr, )	Aug. 1, 2005	Aug. 1, 2005 PACER
89	MOTION to Withdraw as Attorney by United States of America. (Miller, Pauline) (Entered: 08/02/2005)	Aug. 2, 2005	Aug. 2, 2005 RECAP
90	ORDER granting 85 Motion for Extension of Time to File Response out of time. Signed by Judge Myron H. Thompson on 8/2/05. (djy, ) (Entered: 08/02/2005)	Aug. 2, 2005	Aug. 2, 2005 RECAP
91	Minute Entry for STATUS CONFERENCE held before Judge Myron H. Thompson on 8/2/2005. (Court Reporter Mitchell Reisner.) (snc) (Entered: 08/02/2005)	Aug. 2, 2005	Aug. 2, 2005 RECAP
92	BRIEF in Support re 78 MOTION to Intervene filed by Artrice Austin, C. C., Jr, Gwendolyn S. Cobb, Ludie Hall, A. J., Keep South Macon Alive, J. M., T. M., Gloria Miles, Priscilla G. Moss, M. S., Dorothy Smith. (Attachments: # 1 Exhibit 1)(ajr, ) (Entered: 08/03/2005) 1 Exhibit 1 View on RECAP	Aug. 2, 2005	Aug. 2, 2005 RECAP
93	Opposition to 78 MOTION to Intervene filed by Macon County Board of Education. (Attachments: # 1 Affidavit Willie C. Thomas, Superintendent, Macon County School District# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N)(ajr, ) (Entered: 08/03/2005) 1 Affidavit Willie C. Thomas, Superintendent, Macon County School District View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP 6 Exhibit E View on RECAP 7 Exhibit F View on RECAP 8 Exhibit G View on RECAP 9 Exhibit H View on RECAP 10 Exhibit I View on RECAP 11 Exhibit J View on RECAP 12 Exhibit K View on RECAP 13 Exhibit L View on RECAP 14 Exhibit M View on RECAP 15 Exhibit N View on RECAP	Aug. 2, 2005	Aug. 2, 2005 RECAP
94	MEMORANDUM Brief re 93 Response in Opposition to Motion, filed by Macon County Board of Education. (ajr, ) (Entered: 08/03/2005)	Aug. 2, 2005	Aug. 2, 2005 RECAP
95	ORDER granting 89 Motion for Nathanial Douglas to Withdraw as Attorney. Signed by Judge Myron H. Thompson on 8/5/05. (ajr, ) (Entered: 08/05/2005)	Aug. 5, 2005	Aug. 5, 2005 RECAP
96	ORDER denying 78 Motion to Intervene . Signed by Judge Myron H. Thompson on 8/5/05. (Attachments: # 1 civil appeal checklist) (ajr, ) (Entered: 08/05/2005) 1 civil appeal checklist View on RECAP	Aug. 5, 2005	Aug. 5, 2005 RECAP
	*** Attorney Nathaniel Douglas terminated per order this date. (ajr, )	Aug. 5, 2005	Aug. 5, 2005 PACER
	*** Attorney Lateefah Muhammad terminated pursuant to 96 Order entered on 8/5/05 denying Motion to Intervene. (sl, )	Aug. 5, 2005	Aug. 5, 2005 PACER
97	ORDER granting 74 Motion for approval with respect to the closing of Washington Public Elementary School;. Signed by Judge Myron H. Thompson on 8/8/05. (ajr, ) (Entered: 08/08/2005)	Aug. 8, 2005	Aug. 8, 2005 RECAP
98	RESPONSE to Motion re 74 MOTION for expedited approval to close two schools and for the opening of a new elementary school filed by Anthony T. Lee. (Gray, Fred (Jr.)) (Entered: 08/09/2005)	Aug. 9, 2005	Aug. 9, 2005 RECAP
99	Response to Order re 75 Order by United States of America. (Miller, Pauline) (Entered: 08/12/2005)	Aug. 12, 2005	Aug. 12, 2005 RECAP
100	Minute Entry for STATUS CONFERENCE held before Judge Myron H. Thompson on 8/19/2005. (Court Reporter Mitchell Reisner.) (snc) (Entered: 08/19/2005)	Aug. 19, 2005	Aug. 19, 2005 RECAP
101	ORDER granting 74 motion for approval in all respects, including the closing of Washington Public Elementary School, the closing of South Macon Elementary School, and the construction and opening of George Washington Carver Elementary School; Signed by Judge Myron H. Thompson on 8/19/05. (ajr, ) (Entered: 08/19/2005)	Aug. 19, 2005	Aug. 19, 2005 RECAP
102	ORDER Status Conference set for 10/24/2005 08:30 AM in by telephone before Honorable Myron H. Thompson; that three days prior to the status conference, parties shall file a joint proposal as to how the parties and court should proceed towards a declaration of unitary status and the eventual termination of this litigation; furnished to SC, YG, HC. Signed by Judge Myron H. Thompson on 8/22/05. (ajr, ) (Entered: 08/22/2005)	Aug. 22, 2005	Aug. 22, 2005 RECAP
103	STATUS REPORT by Macon County Board of Education. (ajr, ) (Entered: 10/24/2005)	Oct. 21, 2005	Oct. 21, 2005 RECAP
104	Minute Entry for STATUS CONFERENCE held before Judge Myron H. Thompson on 10/24/2005. (Court Reporter Mitchell Reisner.) (snc) (Entered: 10/24/2005)	Oct. 24, 2005	Oct. 24, 2005 RECAP
105	ORDER Setting fairness Hearing for 12/19/2005 09:00 AM in Courtroom 2E before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 10/24/05. (furn: yg hc sc)(vma, ) (Entered: 10/24/2005)	Oct. 24, 2005	Oct. 24, 2005 RECAP
106	MOTION for Approval of Notice by Macon County Board of Education. (attachment) (ajr, ) (Entered: 10/31/2005)	Oct. 28, 2005	Oct. 28, 2005 RECAP
107	MOTION for Declaration of Unitary Status by Macon County Board of Education. (ajr, ) (Entered: 10/31/2005)	Oct. 28, 2005	Oct. 28, 2005 RECAP
108	Amended MOTION for Approval of Notice re 106 MOTION for Approval of Notice by Macon County Board of Education. (attachments) (ajr, ) (Entered: 11/02/2005)	Nov. 1, 2005	Nov. 1, 2005 RECAP
109	ORDER Setting Fairness Hearing on Motion 107 Motion for Declaration of Unitary Status; granting 106 MOTION for Approval of Notice, Fairness Hearing set for 12/19/2005 09:00 AM in Courtroom 2E before Honorable Myron H. Thompson; furnished to SC, YG, HC. Signed by Judge Myron H. Thompson on 11/2/05. (ajr, ) (Entered: 11/02/2005)	Nov. 2, 2005	Nov. 2, 2005 RECAP
110	ORDER granting 108 amended Motion for approval of notice . Signed by Judge Myron H. Thompson on 11/3/05. (ajr, ) (Entered: 11/03/2005)	Nov. 3, 2005	Nov. 3, 2005 RECAP
111	Objection to Declaration of Unitary Status and Possible Termination of Macon County School Desegreation Case - Zeola Combs . (ajr, ) (Entered: 11/22/2005)	Nov. 21, 2005	Nov. 21, 2005 RECAP
112	Objection to Declaration of Unitary Status and Possible Termination of Macon County School Desegreation Case - Brad Shope, Jeanette Hyde, John Reynolds, Stanley Anderson, Horace Anderson, Erma Anderson. (ajr, ) (Entered: 11/23/2005)	Nov. 22, 2005	Nov. 22, 2005 RECAP
113	Objection to Declaration of Unitary Status and Possible Termination of Macon County School Desegreation Case - Robert Anderson, Rochelle Langford (ajr, ) (Entered: 12/01/2005)	Dec. 1, 2005	Dec. 1, 2005 RECAP
114	Objection to Declaration of Unitary Status and Possible Termination of Macon County School Desegreation Case - Frank Tew (ajr, ) (Entered: 12/13/2005)	Dec. 12, 2005	Dec. 12, 2005 RECAP
115	Minute Entry for FAIRNESS HEARING held before Judge Myron H. Thompson on 12/19/2005. (Court Reporter Mitchell Reisner.) (Attachments: # 1 Witness List, # 2 Defendant's Exhibit List) (snc) (Entered: 12/19/2005) 1 Witness List View on RECAP 2 Defendant's Exhibit List View on RECAP	Dec. 19, 2005	Dec. 19, 2005 RECAP
116	ORDER Joint Status Report due by 2/17/2006. Status Conference set for 2/23/2006 08:30 AM in by telephone before Honorable Myron H. Thompson; furnished to SC, YG, HC. Signed by Judge Myron H. Thompson on 12/19/05. (ajr, ) (Entered: 12/19/2005)	Dec. 19, 2005	Dec. 19, 2005 RECAP
117	SEE NOTICE OF CORRECTION: Minute Entry for Telephone STATUS CONFERENCE on STATE-WIDE FACILITIES ISSUE held before Judge Myron H. Thompson on 1/17/2006. (Court Reporter Mitchell Reisner.) (snc) Modified on 1/18/2006 (snc): Entry does not apply to Macon County BOE per Judge Thompson (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006 RECAP
	NOTICE OF DOCKETING CORRECTION re 117 Minute Entry for Telephone STATUS CONFERENCE on STATE-WIDE FACILITIES ISSUE held before Judge Myron H. Thompson on 1/17/2006. (Court Reporter Mitchell Reisner.) (snc) Entry Modified on 1/18/2006 (snc): CONFERENCE DOES NOT APPLY TO MACON COUNTY PER JUDGE THOMPSON(snc)	Jan. 18, 2006	Jan. 18, 2006 PACER
118	Joint MOTION for Order Approving Consent Decree by Alabama State Board of Education. (Attachments: # 1)(Colvin, Whit) (Entered: 02/01/2006) 1 proposed consent decree View on RECAP	Feb. 1, 2006	Feb. 1, 2006 RECAP
119	ORDER denying 118 Joint Motion for Approval of state-wide facilities consent decree. Signed by Judge Myron H. Thompson on 2/17/2006. (ag, ) (Entered: 02/17/2006)	Feb. 17, 2006	Feb. 17, 2006 RECAP
120	STATUS REPORT by United States of America. (Miller, Pauline) (Entered: 02/21/2006)	Feb. 21, 2006	Feb. 21, 2006 RECAP
121	ORDER that the status conference currently set for 2/23/06, is cancelled. Signed by Judge Myron H. Thompson on 2/22/2006. (ag, ) (Entered: 02/22/2006)	Feb. 22, 2006	Feb. 22, 2006 RECAP
122	MOTION to Withdraw as Attorney by Anthony T. Lee. (Chachkin, Norman) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006 RECAP
123	ORDER granting 122 Motion to Withdraw as Attorney. . Signed by Judge Myron H. Thompson on 4/6/2006. (ag, ) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006 RECAP
124	OPINION . Signed by Judge Myron H. Thompson on 5/22/2006. (cb, )	May 22, 2006	May 22, 2006 RECAP
125	JUDGMENT (1) granting 107 MOTION for Declaration of Unitary Status and termination of this litigation (2) Macon County School System is declared to be unitary (3) All outstanding orders and injunctions are dissolved as to defendants Macon County Bo ard of Education and its members and superintendent (4) Defendants Macon County Board of Education and its members and superintendent are dismissed. The State defendants as spelled out in order are not dismissed and the orders dealing with the state -wide 'facilities' and 'special education' issues are not dissolved. The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 5/22/2006. (cb, )	May 22, 2006	May 22, 2006 RECAP

Case: Lee and United States of America v. Macon County School Board (M.D. Ala. cases)

3:70-cv-00846 | U.S. District Court for the Middle District of Alabama

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