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. (SD-AL-0002)

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:

  • Lee v. Lee County Board of Education (docket: 845–E, later changed to 3:70-cv-00845-MHT-TFM)
  • Lee v. Randolph County Board of Education (docket: 847–E, later changed to 3:70-cv-00847-MHT-TFM)
  • Lee v. Russell County Board of Education (docket: 848–E, later changed to 3:70-cv-00848-MHT-TFM)
  • Lee v. Tallapoosa County Board of Education (docket: 849–E, later changed to 3:70-cv-00849-MHT-TFM)
  • Lee v. Alexander City Board of Education (docket: 850–E, later changed to 3:70-cv-00850-MHT-TFM)
  • Lee v. Auburn City Board of Education (docket: 851–E, later changed to 3:70-cv-00851-MHT-TFM)
  • Lee v. Opelika City Board of Education (docket: 853–E, later changed to 3:70-cv-00853-MHT-TFM)
  • Lee v. Phenix City Board of Education (docket: 854–E, later changed to 3:70-cv-00854-MHT-TFM)
  • Lee v. Roanoke City Board of Education (docket: 855–E, later changed to 3:70-cv-00855-MHT-CSC)
  • Lee v. Butler County Board of Education (docket: 3099–N, later changed to 2:70-cv-03099-MHT-TFM)
  • Lee v. Covington County Board of Education (docket: 3102–N, later changed to 2:70-cv-03102-MHT-TFM)
  • Lee v. Elmore County Board of Education (docket: 3103–N, later changed to 2:70-cv-03103-MHT-TFM)
  • Lee v. Opp City Bd of Ed, et al, (original docket unknown, later changed to 2:70-cv-03108-WHA-CSC)
  • Due to the decentralized and incomplete nature of the records, it is possible that not all of the derivative cases are included here.

    Summary Authors

    Jonah Hudson-Erdman (11/14/2021)

    Related Cases

    Lee v. Macon County Bd. of Ed., Middle District of Alabama (1963)

    People

    For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4122542/parties/lee-v-macon-county-board-of-education/


    Judge(s)

    Albritton, William Harold III (Alabama)

    Allgood, Clarence W. (Alabama)

    Godbold, John Cooper (Louisiana)

    Henderson, Karen LeCraft (District of Columbia)

    Johnson, Frank Minis Jr. (Alabama)

    Kravitch, Phyllis A. (Georgia)

    Merritt, Gilbert Stroud Jr. (Tennessee)

    Moorer, Terry Fitzgerald (Alabama)

    Thompson, Myron Herbert (Alabama)

    Attorneys(s) for Plaintiff

    Brown, Dwayne Lamar (Alabama)

    Judge(s)

    Albritton, William Harold III (Alabama)

    Allgood, Clarence W. (Alabama)

    Godbold, John Cooper (Louisiana)

    Henderson, Karen LeCraft (District of Columbia)

    Johnson, Frank Minis Jr. (Alabama)

    Kravitch, Phyllis A. (Georgia)

    Merritt, Gilbert Stroud Jr. (Tennessee)

    Moorer, Terry Fitzgerald (Alabama)

    Thompson, Myron Herbert (Alabama)

    Attorneys(s) for Plaintiff

    Brown, Dwayne Lamar (Alabama)

    Cash-Brown, Prudence A (Alabama)

    Gray, Fred David Jr. (Alabama)

    McGowan, Walter Edgar (Alabama)

    Seay, Solomon S. Jr. (Alabama)

    Thomas, Kenneth L. (Alabama)

    Toure, Faya Rose (Alabama)

    Attorneys(s) for Defendant

    Averitt, Anne Knox (Alabama)

    Azar, Denise B. (Alabama)

    Beck, George (Alabama)

    Coley, Darnell D (Alabama)

    Colvin, Whit (Alabama)

    Condon, David P (Alabama)

    Craven, Larry Eugene (Alabama)

    Dean, Juliana Faria Teixeira (Alabama)

    Hamlett, Ashley (Alabama)

    Hofammann Mullins, Eugenia (Alabama)

    Meadows, Richard N. (Alabama)

    Perez, Thomas E. (District of Columbia)

    Pierson, Dennis (Alabama)

    Sweeney, Donald B. Jr. (Alabama)

    Travis, William Terry (Alabama)

    Vaughan, Sarahanne Young (Alabama)

    White, Michael Ronald (Alabama)

    Yuengert, Anne R (Alabama)

    Other Attorney(s)

    Bhargava, Anurima (District of Columbia)

    Boardman, Mark S. (Alabama)

    Butler, Steven E. (District of Columbia)

    Carstarphen, Dana R (District of Columbia)

    Douglas, Nathaniel (District of Columbia)

    Fentonmiller, Laura C. (District of Columbia)

    Fischbach, Jonathan (District of Columbia)

    Frizzelle, Amanda Downs (District of Columbia)

    Gardner, Kelly D. (District of Columbia)

    Glassman, Jeremiah (District of Columbia)

    Huckins, Amelia Kearns (District of Columbia)

    Jenkins, Sabrina Whitehead (District of Columbia)

    Kohrman, Daniel B. (District of Columbia)

    Loeser, Derek W. (District of Columbia)

    Marshall, Franz (District of Columbia)

    Patrick, Deval L. (District of Columbia)

    Simons, Shaheena A (District of Columbia)

    Taylor, Lisa M. (District of Columbia)

    Wiener, Ross (District of Columbia)

    Younger, Levern M. (District of Columbia)

    Documents in the Clearinghouse

    Document

    Docket [PACER]

    Lee v. Randolph Board of Education (Randolph County)

    July 16, 2021 Docket

    Opinion

    Lee v. Russell County Board of Education

    U. S. Court of Appeals for the Eleventh Circuit

    684 F.2d 769

    Sept. 1, 1982 Order/Opinion

    Opinion

    Lee v. Russell County Board of Education

    U. S. Court of Appeals for the Eleventh Circuit

    744 F.2d 768

    Oct. 18, 1984 Order/Opinion

    Order

    Lee v. Chambers County Board of Education (Randolph County)

    1994 WL 241165

    Feb. 16, 1994 Order/Opinion

    Findings of Fact and Conclusions of Law

    Lee v. Chambers County Board of Education (Lanett City Board of Education)

    849 F.Supp. 1474

    April 8, 1994 Order/Opinion

    Memorandum Opinion and Order

    Lee v. Chambers County Board of Education (Lanett City Board of Education)

    859 F.Supp. 1470

    Aug. 8, 1994 Order/Opinion
    123

    Memorandum Opinion

    Lee v. Randolph County Board of Education

    160 F.R.D. 642

    Feb. 17, 1995 Order/Opinion
    163

    Order

    Lee v. Randolph County Board of Education

    885 F.Supp. 1526

    April 26, 1995 Order/Opinion

    Memorandum Opinion & Order

    Lee v. Geneva County Board of Education

    892 F.Supp. 1387

    July 5, 1995 Order/Opinion

    Opinion

    Lee v. Lee County Board of Education

    963 F.Supp. 1122

    April 21, 1997 Order/Opinion

    Docket

    See docket on RECAP: https://www.courtlistener.com/docket/4122542/lee-v-macon-county-board-of-education/

    Last updated May 11, 2022, 8 p.m.

    ECF Number Description 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 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 PACER
    1

    Copy of hard copy docket sheet reflecting all prior proceedings in case. (djy, ) (Entered: 06/23/2005)

    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 RECAP

    Judge Delores R. Boyd added as referral judge. (ajr, )

    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 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 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 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 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 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 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 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 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 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 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 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 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 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 RECAP

    ***Attorney Jeremiah Glassman for United States of America added. (ajr, )

    Aug. 1, 2005 PACER
    89

    MOTION to Withdraw as Attorney by United States of America. (Miller, Pauline) (Entered: 08/02/2005)

    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 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 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 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 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 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 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 RECAP

    *** Attorney Nathaniel Douglas terminated per order this date. (ajr, )

    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 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 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 RECAP
    99

    Response to Order re 75 Order by United States of America. (Miller, Pauline) (Entered: 08/12/2005)

    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 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 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 RECAP
    103

    STATUS REPORT by Macon County Board of Education. (ajr, ) (Entered: 10/24/2005)

    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 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 RECAP
    106

    MOTION for Approval of Notice by Macon County Board of Education. (attachment) (ajr, ) (Entered: 10/31/2005)

    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 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 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 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 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 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 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 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 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 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 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 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 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 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 RECAP
    120

    STATUS REPORT by United States of America. (Miller, Pauline) (Entered: 02/21/2006)

    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 RECAP
    122

    MOTION to Withdraw as Attorney by Anthony T. Lee. (Chachkin, Norman) (Entered: 04/06/2006)

    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 RECAP
    124

    OPINION . Signed by Judge Myron H. Thompson on 5/22/2006. (cb, ) (Entered: 05/22/2006)

    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 Board 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, ) (Entered: 05/22/2006)

    May 22, 2006 RECAP

    State / Territory: Alabama

    Case Type(s):

    School Desegregation

    Special Collection(s):

    Civil Rights Division Archival Collection

    Key Dates

    Filing Date: 1970

    Case Ongoing: No reason to think so

    Plaintiffs

    Plaintiff Description:

    Multiple Classes - Black students in various school districts within the Middle District of Alabama. The United States as intervenor.

    Plaintiff Type(s):

    Private Plaintiff

    U.S. Dept of Justice plaintiff

    Attorney Organizations:

    U.S. Dept. of Justice Civil Rights Division

    Public Interest Lawyer: Yes

    Filed Pro Se: No

    Class Action Sought: Yes

    Class Action Outcome: Granted

    Defendants

    Various City & County School Boards in the Middle District of Alabama (various), County

    Defendant Type(s):

    Elementary/Secondary School

    Jurisdiction-wide

    Case Details

    Causes of Action:

    42 U.S.C. § 1983

    Ex parte Young (federal or state officials)

    Constitutional Clause(s):

    Equal Protection

    Availably Documents:

    Any published opinion

    Outcome

    Prevailing Party: Plaintiff

    Nature of Relief:

    Injunction / Injunctive-like Settlement

    Source of Relief:

    Litigation

    Form of Settlement:

    Court Approved Settlement or Consent Decree

    Content of Injunction:

    Busing

    Goals (e.g., for hiring, admissions)

    Other requirements regarding hiring, promotion, retention

    Student assignment

    Issues

    General:

    Buildings

    Disparate Treatment

    Education

    Racial segregation

    School/University Facilities

    School/University policies

    Staff (number, training, qualifications, wages)

    Discrimination-basis:

    Race discrimination

    Race:

    Black