Doris Elaine Brown v. The Board of Education of the City of Bessemer

Fifth Circuit

Doris Elaine Brown v. The Board of Education of the City of Bessemer

446 F.2d 75, 1971 U.S. App. LEXIS 8869

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 16, 1971

Docket30608, 71-1203

StatusPublished

Cited by1 cases

This text of 446 F.2d 75 (Doris Elaine Brown v. The Board of Education of the City of Bessemer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Doris Elaine Brown v. The Board of Education of the City of Bessemer, 446 F.2d 75, 1971 U.S. App. LEXIS 8869 (5th Cir. 1971).

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Opinion

BY THE COURT:

The order of the district court under review is vacated and the cause is remanded with direction that the district court required the school board to implement a student and faculty assignment plan for the 1971-1972 school term which complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Singleton v. Jackson Municipal Separate School District (en banc), 5 Cir., 1970, 419 F.2d 1211; Id. 425 F.2d 1211, insofar as they relate to the issues in this case, and which reflects any changes in conditions relating to school desegregation in Bessemer since the time of this court’s decree of August 28, 1970 [No. 29209]. See also Carter v. West Feliciana Parish School Board, 5 Cir., 1970, 432 F.2d 875.

The district court is further ordered to conduct an evidentiary hearing on the subject of school closings and proposed construction of school facilities to determine whether or not the school board’s actions are or have been racially motivated and in compliance with Swann, supra.

The district court shall require the school board to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, at 618-619.

The mandate shall issue forthwith.

Vacated and remanded with directions.

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BY THE COURT:

The order of the district court under review is vacated and the cause is remanded with direction that the district court required the school board to implement a student and faculty assignment plan for the 1971-1972 school term which complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Singleton v. Jackson Municipal Separate School District (en banc), 5 Cir., 1970, 419 F.2d 1211; Id. 425 F.2d 1211, insofar as they relate to the issues in this case, and which reflects any changes in conditions relating to school desegregation in Bessemer since the time of this court’s decree of August 28, 1970 [No. 29209]. See also Carter v. West Feliciana Parish School Board, 5 Cir., 1970, 432 F.2d 875.

The district court is further ordered to conduct an evidentiary hearing on the subject of school closings and proposed construction of school facilities to determine whether or not the school board’s actions are or have been racially motivated and in compliance with Swann, supra.

The district court shall require the school board to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, at 618-619.

The mandate shall issue forthwith.

Vacated and remanded with directions.

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446 F.2d 75, 1971 U.S. App. LEXIS 8869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doris-elaine-brown-v-the-board-of-education-of-the-city-of-bessemer-ca5-1971.

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