Lee v. Randolph County Board of Education

160 F.R.D. 642, 1995 U.S. Dist. LEXIS 3036, 1995 WL 104729
CourtDistrict Court, M.D. Alabama
DecidedFebruary 17, 1995
DocketCiv. A. No. 847-E
StatusPublished
Cited by2 cases

This text of 160 F.R.D. 642 (Lee v. Randolph County Board of Education) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Randolph County Board of Education, 160 F.R.D. 642, 1995 U.S. Dist. LEXIS 3036, 1995 WL 104729 (M.D. Ala. 1995).

Opinion

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

This longstanding school desegregation ■ lawsuit was reopened last year when the plaintiffs — black school children and parents representing a class of people similarly situated — -and plaintiff-intervenor United States filed motions for further relief alleging that defendant Randolph County Board of Education and its officials had violated prior desegregation orders and federal law. At the urging of the parties, the court approved a consent decree governing operations of the Randolph County school system. The question now before the court is whether to approve an amendment to the consent decree concerning the former principal of Randolph County High School, Hulond Humphries. For the reasons that follow, the court approves the amendment.

I. BACKGROUND

The extensive past history of this lawsuit, which has been ongoing for approximately 30 years, can be summarized by noting that, starting in 1967, prior orders of a three-judge [644]*644court required the Randolph County School District to desegregate its school system.1

The present phase of this lawsuit began on May 17, 1994, when the United States filed a motion for supplemental relief. The plaintiffs filed their own motion for further relief on July 1, 1994, and amended that motion on July 18, 1994. The plaintiffs and the United States alleged that Randolph County school officials had violated prior desegregation orders and federal law by engaging in racially discriminatory practices and failing to operate the schools on a nondiscriminatory basis. The plaintiffs and the United States contended that desegregation orders were not implemented in the areas of faculty and administrative hiring, discipline, and curriculum and that the Randolph County School District had created a racially hostile environment.

A major part of the contentions of the plaintiffs and the United States surrounds Humphries, who was principal of Randolph County High School from 1968 to 1994. Because the parties have agreed to settle the issue of Humphries, the court need not make ultimate findings of fact with regard to his conduct. Rather, the court provides a description of the allegations.

The plaintiffs and the United States cite a number of ways in which Humphries allegedly created a racially hostile environment. They contend, among other things, that Humphries discriminated on the basis of race in both frequency and severity of discipline,2 that he denied black students equal opportunity to participate in extracurricular programs,3 that he had a policy against interracial social relationships,4 and that he made derogatory statements about blacks.5 The plaintiffs and the United States also contend that Humphries was responsible for employment discrimination at the high school.6

Finally, the court briefly notes allegations regarding Humphries’s behavior with regard to the 1994 Randolph County High School Prom. On February 24, 1994, Humphries convened an assembly to discuss the upcoming prom.7 Humphries says he was concerned about potential violence because of interracial dating.8 During the course of the assembly, Humphries asked students who were taking a person of a different race to the prom to raise their hands.9 Some people contend that, in an ensuing confrontation, Humphries called a mixed-race student a mistake.10 Humphries denies this allegation.11 There are many different interpretations of exactly what Humphries said.12 Af[645]*645ter the assembly became tumultuous, Humphries, for whatever reason, cancelled the prom.13 The prom was reinstated, but on March 14, 1994, the school board suspended Humphries pending an investigation. Humphries was reinstated on March 31, 1994. During the course of this lawsuit, after Randolph County High School was partially destroyed by fire, the school board reassigned Humphries to an administrative position in the district’s central office.14 The school board has consistently denied wrongdoing with regard to the allegations of the plaintiffs and the United States.

After extensive negotiations, the parties submitted a consent decree, which the court approved on December 15,1994. The decree addressed many aspects of the operation of schools in Randolph County to ensure compliance with prior court orders and federal law. In broad outline, the consent decree (1) created a bi-raeial committee to implement the decree and promote racial harmony in the schools; (2) enjoined the school district from discriminating in employment; (3) set hiring goals for African-American employees and standards for recruiting blacks; (4) changed «disciplinary procedures; (5) required non-diseriminatory transportation and attendance policies; (6) mandated efforts to improve race relations; and (7) ensured equal opportunity in curricular offerings. The decree provided that the court retain jurisdiction “to monitor the implementation of the provisions of the Consent Decree, to insure that the School District is operating on a non-discriminatory basis in these respects and to consider any further proceedings in this case.” The decree settled all of the issues raised by the plaintiffs and the United States except for one. The issue left open was the question of Humphries’s employment with the school district.

The parties prepared to try the issue of Humphries’s future employment. The plaintiffs requested that the court order Humphries terminated by the school district.15 The United States requested an injunction preventing Humphries from being on the grounds of any school campus during school hours and from having contact with students.16 The school board, noting that Humphries occupied a position that did not bring him into contact with students, argued that he should be allowed to stay in that position without unnecessary restrictions.17

Before the question of Humphries’s future employment went to trial, however, the parties reached an agreement as set forth in a proposed amendment to the consent decree submitted on January 9, 1995. The amendment provides that Hmnphries be employed as a consultant to the Randolph County Board of Education until July 1997. Any employment after that date would be pursuant to the mutual agreement of Humphries and the school board and must be consistent with the terms of the consent decree and the amendment to the decree. Under the amendment, the school board has the duty of supervising Humphries and assigning his duties. Among his duties, Humphries will likely supervise the rebuilding of Randolph County High School. The amendment prevents Humphries from appearing on school campuses during school hours except for attending events open to the general public.

The same day the amendment was submitted, the court received a letter and motion from Reverend Emmett T. Johnson stating that Solomon Seay, the attorney for the plaintiffs, had not consulted the African-American community before agreeing to the amendment and that some members of the plaintiff class opposed the settlement. Because of the concerns of Reverend Johnson and others, the court held off final approval of the amendment in order to hear the substance of the objections.

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Related

Berry v. School District
184 F.R.D. 93 (W.D. Michigan, 1998)
Lee v. Randolph County Board of Education
885 F. Supp. 1526 (M.D. Alabama, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
160 F.R.D. 642, 1995 U.S. Dist. LEXIS 3036, 1995 WL 104729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-randolph-county-board-of-education-almd-1995.