Hoots v. Pennsylvania

672 F.2d 1107, 33 Fed. R. Serv. 2d 442, 1982 U.S. App. LEXIS 22171
Court of Appeals for the Third Circuit·Decided February 1, 1982·No. Nos. 81-1691 to 81-1695, 81-1790 and 81-1986 to 81-1988·Published·Cited by 8 cases

Opinion

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

This decision is the ninth chapter in the history of this decade-old school desegregation case.1 The plaintiff class consists of [1110]*1110parents of children who attend public schools in the General Braddock Area School District (“GBASD”) in Allegheny County, Pennsylvania. Defendants are the Commonwealth of Pennsylvania, the Pennsylvania State Board of Education (the “State Board”), the Allegheny Board of Education (the “County Board,” later succeeded by the “Intermediate Unit”), and several of the Boards’ officers. Plaintiffs filed a complaint on June 9,1971, alleging that the consolidation of various school districts in Allegheny County by the Commonwealth of Pennsylvania, acting through the State and County Boards, had resulted in the creation of racially segregated schools. The district court, in Hoots II, held that the creation of GBASD by the State and County Boards was “an act of de jure discrimination in violation of the Fourteenth Amendment.” Hoots II, 359 F.Supp. at 823. Various plans were considered by the district court as possible remedies for the continuing violations of plaintiffs’ constitutional rights. In March 1981, the court decided which of numerous school districts could be included in any multidistrict remedy under the guidelines of Milliken v. Bradley, 418 U.S. 717, 94 S.Ct. 3112, 41 L.Ed.2d 1069 (1974). Hoots VI, 510 F.Supp. at 619. In April 1981, the district court approved the consolidation plan presently under appeal.2

Defendants’ present appeal is based on two contentions. First, they argue that Hoots II, in which the district court found a constitutional violation, was incorrectly decided, in that the district court did not find intentional or purposeful segregative acts on the part of state officials. Second, defendants contend that the district court erred in fashioning the multidistrict remedy that it ultimately chose.

We find defendants’ arguments unpersuasive and we affirm the rulings of the district court.

1. FACTS AND PROCEDURAL HISTORY

The facts of this case, especially those which lead to the initial filing of the complaint in this action, are ably and extensively set forth in the district court’s May 1973 opinion. See Hoots II, 359 F.Supp. 807. The procedural posture of the case has been recited on numerous occasions by this court: Hoots IV, 587 F.2d 1340; Hoots V, 639 F.2d 972. Here, we will summarize those accounts and then supplement them with a recital of subsequent events leading to the instant appeal.

During the 1960’s, the Commonwealth of Pennsylvania on three occasions enacted legislation to reorganize the school districts in Pennsylvania’s public school system. The Act of September 12, 1961, P.L. 1283, No. 561, 24 P.S. § 2-281 et seq. (“Act 561”), directed each county board of school directors to prepare a plan of organization of school districts for the county for review by the State Board of Education. This Act was superseded, although not substantively altered, by the Act of August 8, 1963, P.L. 564, No. 299, 24 P.S. § 2-290 et seq. (“Act 299”), and the Act of July 8, 1968, P.L. 299, No. 150, 24 P.S. § 2400.1 et seq. (“Act 150”). Act 299 instructed the county boards to prepare on or before July 1, 1964 a plan of organization of school districts for the county and directed the State Board of Education to review organization plans prepared by the county boards and to approve such plans as it deemed wise and in the best [1111]*1111interest of the educational system of Pennsylvania.

Acts 299 and 150 provided for the plans of organization of school districts to conform to standards which were to be prepared by the State Board. In preparing these standards, the State Board was instructed to take into account: topography, pupil population, community characteristics, transportation of pupils, use of existing buildings, existing administrative units, potential population changes and the capability of providing a comprehensive plan of education. 24 P.S. §§ 2400.1, 2400.2; 24 P.S. §§ 2-291, 2-292. Both Acts also stipulated that no school district should, as a general rule, have a pupil population of fewer than 4,000 students.3

The State and County Boards, pursuant to these statutes, established GBASD (63% black) on July 1,1971, in the central eastern area of Allegheny County, east of Pittsburgh and north of the Monongahela River. The boards also created the predominately or all-white school districts of Turtle Creek (98.1% white), Swissvale (87.3% white), and Churchill (99.2% white), which border on GBASD, and the Edgewood School District (97.8% white), which is situated within approximately one mile of the GBASD. Appendix at 3233a. GBASD served the area consisting of the geographic limits of the Boroughs of Braddock, North Braddock and Rankin. Braddock, North Braddock and Rankin are economically depressed, declining communities. The residents of these municipalities are poor and less educated than those of the other school districts in question. The recreational and shopping facilities within these communities have been rapidly declining and becoming increasingly older in average age. The boroughs of Braddock, North Braddock and Rankin have no characteristics that will attract or retain persons who have the financial means and opportunity to live elsewhere. Finally, the populations of these three communities are becoming increasingly non-white at an accelerated pace. Hoots II, 359 F.Supp. at 814 (Findings of Facts 20-27).

Plaintiffs filed this action on June 9, 1971. In December 1971, the district court [1112]*1112denied defendants’ motion to dismiss the complaint for failure to state a cause of action, concluding that “allegations of deliberate creation of racially segregated school districts state a cause of action.” Hoots I, 334 F.Supp. 820, 822.

The district court also rejected motions by defendants seeking to join involuntarily as defendants the five school districts discussed in the complaint. However, the court stated that it would permit the school districts to intervene voluntarily in the action if they so desired. Hoots I, 334 F.Supp. at 823. The school districts did not do so. After the district court “instructed [the Commonwealth] to give notice” of the suit to those school districts, and after the Attorney General of Pennsylvania wrote the five districts urging them “to intervene in this action immediately,” the districts informed the court that they had “no interest in being” in the lawsuit, and were “deliberately not intervening.” See Hoots II, 359 F.Supp. at 821; Hoots III, 495 F.2d at 1097; Appendix at 56a-61a, 614a-618a, 2712a, 3383a, 3389a.

On May 15, 1973, the district court held that the State and County Boards’ creation of the identifiably black GBASD and the identifiably white Churchill, Edgewood, Swissvale and Turtle Creek districts “constituted an act of de jure discrimination in violation of the Fourteenth Amendment.” Hoots II, 359 F.Supp. at 823.

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Hoots v. Pennsylvania, 672 F.2d 1107, 33 Fed. R. Serv. 2d 442, 1982 U.S. App. LEXIS 22171 (3d Cir. 1982).

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