Cisneros v. Corpus Christi Independent School District

S.D. Texas

Cisneros v. Corpus Christi Independent School District

324 F. Supp. 599, 1970 U.S. Dist. LEXIS 11469

District Court, S.D. Texas·Decided June 4, 1970·No. Civ. A. 68-C-95·Published·Cited by 18 cases

Opinion

MEMORANDUM OPINION

SEALS, District Judge.

In Civil Action Number 68-C-95, a civil rights class action, the following will constitute the Findings of Fact and Conclusions of Law, and may be amended and/or supplemented at a later date, 1 but these Findings today will control and determine the disposition of the issues before us.

First, this court finds that it has jurisdiction and that this is a proper class action under Rule 23 of the Federal Rules of Civil Procedure.

Needless to say, this court considers this to be a most important case. Not only because of the great interest that has been manifested by the large attendance of citizens in the courtroom, and the amount of time and space the news media have devoted to the coverage of the trial, but the court also realizes and understands that^e are considering two of the most important aspects and interests of the school patrons and also of the school administration: the taxes of money and the children.^

Because it is an important ease I want again to express my appreciation for the efforts of the attorneys who have appeared here, not only for their cooperation in providing the court with all the relevant and pertinent evidence, voluminous data and statistics, but also for well-written briefs, and also for the expeditious manner in- which the evidence was presented.

*601 This type of legal controversy, which is prevalent all over the country, has finally come to the City of Corpus Christi, as it has come to many other communities over our land, and the magnitude of the problem is reflected in the great volume of litigation and opinions which we lawyers are familiar with.

Although, as you could realize, it has not been an easy task, I have had the advantage of three (3) weeks of night and day studying these exhibits, this voluminous data, taking two brief cases to Miami, constantly reading the opinions and having them available to me as they are published, and also, thanks to the attorneys in the ease, of having the advantage of having daily copy made of the proceedings and testimony. One great advantage and help to the court was the way and manner all the statistical evidence was worked and catalogued at the beginning of the trial, and which was offered and stipulated to early in the trial, and which was available to the court for study for these three (3) weeks. We also were fortunate in having available every recent appellate decision concerning these matters.

Although the statistical data and evidence was largely undisputed, I find as a matter of fact for the record that the data presented by the plaintiffs is accurate and correct as to student populations, percentages of ethnic groups that is, as we have called them in this trial, Anglo, Negro and Mexican-American — locations of schools, and the makeup of the student population, the location and ethnic patterns of general population within this area, the number of teachers, the schools they are assigned to, and the ethnic background of each teacher in each school, and the location of past and present boundaries, the time and cost of construction of new schools, the cost of renovating of old schools, the number of children bussed in the past and in the present, and who they were, and who they are.

I especially find that the plaintiffs’ Exhibits No. 4, 2 4-A, 3 4-B, 4 4-C, 5 and 4-D 6 are accurate and very illuminating. The same is true for plaintiffs’ Exhibits 6-A, 7 6-B, 8 6-C, 9 and plaintiffs’ Exhibit *602 7, 10 also plaintiffs’ Exhibit No. 35, 11 and plaintiffs’ Exhibit 36. 12 The court accepts as true and correct the other objective data and statistics offered by the plaintiffs.

Of course, most of this evidence, if not all, was furnished by the defendants, and the court is deeply appreciative of the cooperation, and of the long, tiresome work that the school administration had to undertake to furnish this data.

I also find that the defendants’ objective statistical evidence is true and correct, such as defendants’ Exhibits 1, 13 2, 14 2-A, 15 3, 16 3-A, 17 4, 18 5, 19 6, 20 7, 21 9, 22 10, 23 11, 24 14, 15 and 16. 25

*603 The plaintiffs’ and defendants’ exhibits as mentioned mainly include objective evidentiary data over which there is no dispute, as I understand the parties, but I do understand that each side contends there are different factual and legal implications and conclusions to be drawn from this objective, statistical evidence which the court, of course, will have to decide. As to the other exhibits, the court will consider them and give to them whatever weight and credibility, as well as relevancy, the court feels they deserve in deciding the factual and legal issues involved,

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