Diaz v. San Jose Unified School District

733 F.2d 660, 17 Educ. L. Rep. 479
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 17, 1984
DocketNo. 81-4434
StatusPublished
Cited by14 cases

This text of 733 F.2d 660 (Diaz v. San Jose Unified School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diaz v. San Jose Unified School District, 733 F.2d 660, 17 Educ. L. Rep. 479 (9th Cir. 1984).

Opinions

FLETCHER, Circuit Judge:

Plaintiffs, parents of all Spanish-surnamed children attending school in the San Jose Unified School District (the District), appeal the district court’s ruling that the District did not act with segregative intent in maintaining ethnically imbalanced schools. After a careful review of the record, we conclude that the district court’s finding that the defendants acted without segregative intent was clearly erroneous. Accordingly, we reverse.

I. BACKGROUND.

The Board of Education of the San Jose Unified School District (the Board) has been aware since at least 1962 that its schools are segregated. The district is long and narrow: about sixteen miles long and from one and one-half to four miles wide. Hispanics are concentrated in the [662]*662northern downtown area while the southern, suburban neighborhoods are largely Anglo. In 1973, Spanish-surnamed students made up 24.6 percent of the population of the district. In the southern schools, only .07 percent of the students were Spanish-surnamed, while in the northern schools 78.8 percent were Spanish-surnamed. State law requires the Board to take affirmative steps to desegregate its schools. The Board made repeated announcements endorsing the concept of desegregation. Nonetheless, between 1962 and 1973, the school board did nothing to alleviate the imbalance. Indeed, the Board took many steps that maintained segregation and rejected available, less segregative courses of action.

In 1971, the plaintiffs filed a class action on behalf of all Spanish-surnamed students enrolled in the District and their parents. The complaint charged that defendants were operating a segregated public school system in violation of the Fourteenth Amendment and sought desegregation of the school district. After trial to the court, the district court found that the school district was racially imbalanced and that defendants had maintained the imbalance. The court, however, denied remedial relief because it decided that defendants had acted without segregative intent. Diaz v. San Jose Unified School District, 412 F.Supp. 310 (N.D.Cal.1976) (Diaz I).

On appeal, this court vacated and remanded for reconsideration. Diaz v. San Jose Unified School District, 612 F.2d 411, 416 (9th Cir.1979) (Diaz II). We found that “[a]n inference of segregative intent arose from the appellants’ proof,” Id. at 415. The district court had, however, impermissibly concluded that the school district’s racially neutral neighborhood school policy “constituted either a complete defense to a charge of segregative intent, or, completely dispelled the inferences of segregative intent that flowed from the appellants’ proof.” Id. We held that “[sjtrict adherence to a neighborhood policy is no more than circumstantial evidence that bears upon the existence or non-existence of segregative intent. The existence of such a policy is not enough to prove the absence of segregative intent.” Id. at 416.

On remand, the district court required rebriefing and argument but took no new evidence. Once again, the court found the evidence insufficient to support a finding of segregative intent, holding that “the adherence to a neighborhood school policy by the school officials in the [San Jose Unified School District] was not a device for maintenance of segregated schools, although that effect was clearly foreseeable and was clearly foreseen by the school officials.” Diaz v. San Jose Unified School District, 518 F.Supp. 622, 644 (N.D.Cal.1981) (Diaz III). Plaintiffs appeal.

II. DISCUSSION.

A. The Need to Prove Segregative Intent.

The Board admits that it has maintained ethnically imbalanced schools and has omitted courses of action that would have reduced that imbalance. Plaintiffs presented overwhelming evidence that the Board’s actions “knowingly perpetuated ethnic imbalance in the schools.” Diaz III, 518 F.Supp. at 642. Nonetheless, de facto segregation in the schools does not, without more, prove a violation of the Fourteenth Amendment. The plaintiffs must prove not only that the defendants’ actions created or maintained racial or ethnic imbalance in the schools, but also that those actions were motivated by segregative intent. See Keyes v. School District No. 1, 413 U.S. 189, 208, 93 S.Ct. 2686, 2697, 37 L.Ed.2d 548 (1973); Diaz I, 412 F.Supp. at 328-29.

Ordinarily, only circumstantial evidence is available to establish segregative intent. Evidence of the discriminatory impact of decisions is one sort of circumstantial evidence supporting an inference of segregative intent.

The impact of the official action — whether it “bears more heavily on one race than another” ... — may provide an important starting point. Sometimes a clear pattern, unexplainable on grounds [663]*663other than race, emerges from the effect of the state action even when the governing legislation appears neutral on its face.

Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266, 97 S.Ct. 555, 564, 50 L.Ed.2d 450 (1977). Proof that the segregative effects of a decision were foreseeable is not to be taken, as a general proposition, to make out a prima facie case of segregative intent, nor does it routinely shift the burden of persuasion to the defendants. See Dayton Board of Education v. Brinkman, 443 U.S. 526, 536 n. 9, 99 S.Ct. 2971, 2978 n. 9, 61 L.Ed.2d 720 (1979) (Dayton). Nonetheless, “proof of foreseeable consequences is one type of quite relevant evidence of racially discriminatory purpose____” Id. See also Columbus Board of Education v. Penick, 443 U.S. 449, 464-65, 99 S.Ct. 2941, 2949-50, 61 L.Ed.2d 666 (1979) (Columbus ).1 Other circumstantial evidence relevant to the proof of segregative intent includes the historical background and specific sequence of events leading up to the Board’s actions maintaining or exacerbating ethnic imbalance in district schools. See Arlington Heights, 429 U.S. at 267-68, 97 S.Ct. at 564-65. We will focus our review on these latter aspects of the proof, for the defendants concede that they knowingly perpetuated segregation.

B. Standard of Review.

We examine the district court’s findings of fact and its ultimate conclusion as to the Board’s intent under the clearly erroneous standard:

discriminatory intent is a finding of fact to be made by the trial court____ [It] means actual motive; it is not a legal presumption to be drawn from a factual showing of something less than actual motive. Thus, a court of appeals may only reverse a district court’s finding on discriminatory intent if it concludes that the finding is clearly erroneous under Rule 52(a).

Pullman-Standard v. Swint, 456 U.S. 273, 289-90, 102 S.Ct. 1781, 1790-91, 72 L.Ed.2d 66 (1982). Accord Dayton, 443 U.S. at 534, 99 S.Ct. at 2977;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
733 F.2d 660, 17 Educ. L. Rep. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-san-jose-unified-school-district-ca9-1984.