Liddell v. Board of Education

667 F.2d 643
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 13, 1981
DocketNos. 80-1458, 80-1494, 80-1531, 80-1599 and 80-1735
StatusPublished
Cited by17 cases

This text of 667 F.2d 643 (Liddell v. Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liddell v. Board of Education, 667 F.2d 643 (8th Cir. 1981).

Opinion

HEANEY, Circuit Judge.

We are asked by the State of Missouri and by three groups of parents to set aside the plan of the United States District Court for the Eastern District of Missouri for integrating the public schools of St. Louis. The State argues that it has been required to pay too much toward the integration plan and that it should not be ordered to participate in developing either a voluntary or an involuntary inter-district integration program. The white parent group complains that the district court plan goes too far and is unfair to white students. The black parent groups assert that the plan doesn’t go far enough in that it leaves some schools in North St. Louis all black. All of the appellants assert that the district court erred in failing to find that the United States contributed to the segregation of the St. Louis school district and to require it to pay a substantial portion of the cost of integrating the school system.

We affirm the decision of the district court. The desegregation plan was designed in accordance with the letter and spirit of the mandate of this Court and it meets constitutional requirements. If the plan is fully implemented in the same spirit and with the continuing cooperation of parents, students, teachers and community and religious leaders, a firm foundation will have been laid for affording the children of St. Louis a quality education in a racially neutral school system.

We take judicial notice of the fact that the Board of Education and one of the parent groups have filed amended complaints in the district court, asking the court to require inter-district integration with the schools of St. Louis, St. Charles and Jefferson Counties. We express no opinion as to the merits of the proposed amendments. We do, however, emphasize that the pend-ency of these petitions must not be permitted to delay the full and complete implementation of every feature of the plan developed by the district court and approved by this Court, including those sections of the plan that relate to inter-district integration.

I

This case, filed in district court in 1972, is before this Court for the third time.1 When it was first here, we remanded it with directions to permit the Caldwell parent group to intervene as plaintiffs. See Liddell v. Caldwell, 546 F.2d 768 (8th Cir. 1976), cert. denied, 433 U.S. 914, 97 S.Ct. 2987, 53 [648]*648L.Ed.2d 1100 (1977). When it was next here, we reversed the district court, concluding that the plaintiffs had clearly proven that the defendants had established and maintained a racially segregated school system in violation of the plaintiffs’ constitutional rights. See Adams v. United States, 620 F.2d 1277 (8th Cir.) (en banc), cert. denied, 449 U.S. 826, 101 S.Ct. 88, 66 L.Ed.2d 29 (1980). We remanded the case to the district court with the following admonition:

Segregation in the elementary and secondary schools in St. Louis must now be eliminated. An integrated system must be devised and implemented promptly. In no other way can the constitutional right to an equal educational opportunity be assured to all children of St. Louis. With careful planning, expert advice, broad community participation and good faith, a plan to integrate the schools can be devised and implemented which will meet constitutional requirements.

Id. at 1291-1292.

Only one party — the Adams plaintiffs— asked the Supreme Court to review our decision; the Court denied the petition for certiorari.

On remand, the district court made every effort to comply with our charge. It established an interracial citizen’s advisory committee to promote community involvement in the proceedings; it appointed Dr. Gary Allen Orfield to provide expert assistance in the preparation of a desegregation plan; it held extensive evidentiary hearings on proposed plans and the procedures involved in implementing them; and after a careful consideration of all the evidence, it approved a comprehensive desegregation plan to be effective at the start of the 1980-1981 school year. See Liddell v. Board of Educ., 491 F.Supp. 351 (E.D.Mo.1980).

II

The plan approved by the district court is a modified form of the “Orfield approach” sanctioned by this Court in the previous appeal. See Adams v. United States, supra, 620 F.2d at 1293-1296. The essential elements of the plan include (1) reassigning students to achieve the greatest possible number of desegregated schools (defined as 30-50% black); (2) establishing magnet and alternative schools designed to attract students of all races from throughout the St. Louis area; (3) organizing a middle school system to facilitate clustering, pairing and other integrative efforts; (4) instituting and expanding specialty and part-time integrated programs; (5) facilitating permissive integrative transfers; (6) initiating cooperative inter-district desegregation programs; (7) providing for integration of and special training for school personnel; and (8) developing a comprehensive community relations program.

Although the plan reflects the fact that it is not possible to fully integrate every school in the St. Louis system, the district court faithfully followed the directions of this Court by providing a variety of integrative experiences and enhanced educational opportunities for students remaining in the predominately black schools.

The district court estimated that the overall cost of the desegregation plan would be approximately $22.1 million. The court directed the State of Missouri to pay one-half of the actual cost of desegregation. To finance the remaining 50%, the court ordered the Board of Education to transfer approximately $4.7 million out of its debt retirement account, noting that federal funds would cover the balance. Federal funding to assist in the integration process exceeded $7 million for the 1980-1981 school year.

HI

Four parties — the Liddell plaintiffs, the Caldwell plaintiffs, the Adams plaintiffs, and the State of Missouri defendants2 — ap[649]*649peal from the district court’s order approving the desegregation plan. For convenience, the issues on appeal may be divided into two categories: those relating to the design of the plan and those relating to the financing of the plan. We first consider the challenges to the design of the plan.

A. Design

1. The Liddell and Caldwell plaintiffs contend that the plan approved by the district court is constitutionally deficient because it does not go far enough to remedy the effects of the defendants’ discriminatory practices. Specifically, they argue that the district court erred in holding that schools with 30-50% black enrollments were to be considered integrated. Their position appears to be that the only constitutionally permissible means of integrating the St. Louis system was to reassign students so that each school had the same racial mix as the district as a whole — approximately 76% black and 24% white.

We cannot agree that the options available to the district court were so limited. In our decision of March 3,1980, we specifically stated that a plan similar to the one adopted by the district court would meet constitutional requirements. In so doing, we accepted the testimony of Dr.

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664 F.2d 178 (Eighth Circuit, 1981)
Craton Liddell, a Minor, and Mary Puleo, Gerard Puleo, Emma Dannenberg, Robin Dannenberg, Louis Reineri and Mary Anjela Reineri, Representing the "Involved Citizens Committee" United States of America v. Board of Education of the City of St. Louis and Daniel L. Schlafly, Frederick E. Busse, Gordon L. Benson, Malcolm W. Martin, Mrs. Anita L. Bond, Mrs. Joyce Bowen, Henry M. Grich, Jr. (Secretary), Rev. James L. Cummings (President), Mrs. Erma J. Lawrence, Rev. Donald E. Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Dix, Benjamin M. Price, Robert W. Bernthal, David J. Mahan, Charles Brasfield (School District Superintendent) and Robert E. Wentz(superintendent of Schools), and the State of Missouri, Arthur Mallory, Commissioner of Education of the State of Missouri, the State of Missouri Board of Education. Craton Liddell, a Minor, by Minnie Liddell, His Mother and Next Friend, and Minnie Liddell Joanna Goldsby, a Minor, by Barbara Goldsby, Her Mother and Next Friend, and Barbara Goldsby Deborah Yarber, a Minor, by Samuel Yarber, Her Father and Next Friend, and Samuel Yarber Nathalie Moore, a Minor, by Louise Moore, Her Mother and Next Friend, and Louise Moore Rachelle Legrand, a Minor, by Lois Legrand, Her Mother and Next Friend, and Lois Legrand on Behalf of Themselves and All Other School-Age Children and Their Parents Residing in the Metropolitan School District of the City of St. Louis, Missouri, and Earline Caldwell, Lillie Caldwell, Denise Daniels, Dwane Daniels, Gwendolyn Daniels, Cedric Williams, Stephanie Williams, Gloria Williams, Janis Hutcherson, Lee Hutcherson, Robert Smith, Eddie S. Willis and the National Association for the Advancement of Colored People, City of St. Louis, Janice Adams and Jack Adams, Jr., Minors, by Jerrianne Adams, Their Natural Guardian and Next Friend, and Jerrianne Adams Catherine M. Neel and Camille A. Neel, Minors, by Catherine Neel, Their Natural Guardian and Next Friend, and Catherine Neel Mary Edington and Susan Edington, Minors, by Horace Edington, Their Natural Guardian and Next Friend, and Horace Edington the Concerned Parents for Neighborhood Schools, and Mary Puleo, Gerard Puleo, Emma Dannenberg, Robin Dannenberg, Louis Reineri and Mary Anjela Reineri, Representing the "Involved Citizens Committee" United States of America v. Board of Education of the City of St. Louis and Daniel L. Schlafly, Frederick E. Busse, Gordon L. Benson, Malcolm W. Martin, Mrs. Anita L. Bond, Mrs. Joyce Bowen, Henry M. Grich, Jr. (Secretary), Rev. James L. Cummings (President), Mrs. Erma J. Lawrence, Rev. Donald E. Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Dix, Benjamin M. Price, Robert W. Bernthal, David J. Mahan, Charles Brasfield (School District Superintendent) and Robert E. Wentz(superintendent of Schools), and the State of Missouri, Arthur Mallory, Commissioner of Education of the State of Missouri, the State of Missouri Board of Education, Craton Liddell, a Minor, by Minnie Liddell, His Mother and Next Friend, and Minnie Liddell Joanna Goldsby, a Minor, by Barbara Goldsby, Her Mother and Next Friend, and Barbara Goldsby Deborah Yarber, a Minor, by Samuel Yarber, Her Father and Next Friend, and Samuel Yarber Nathalie Moore, a Minor, by Louise Moore, Her Mother and Next Friend, and Louise Moore Rachelle Legrand, a Minor, by Lois Legrand, Her Mother and Next Friend, and Lois Legrand, on Behalf of Themselves and All Other School-Age Children and Their Parents Residing in the Metropolitan School District of the City of St. Louis, Missouri, and Earline Caldwell, Lillie Caldwell, Denise Daniels, Dwane Daniels, Gwendolyn Daniels, Cedric Williams, Stephanie Williams, Gloria Williams, Janis Hutcherson, Lee Hutcherson, Robert Smith, Eddie S. Willis and the National Association for the Advancement of Colored People, City of St. Louis, Janice Adams and Jack Adams, Jr., Minors, by Jerrianne Adams, Their Natural Guardian and Next Friend, and Jerrianne Adams Catherine M. Neel and Camille A. Neel, Minors, by Catherine Neel, Their Natural Guardian and Next Friend, and Catherine Neel Mary Edington and Susan Edington, Minors, by Horace Edington, Their Natural Guardian and Next Friend, and Horace Edington, the Concerned Parents for Neighborhood Schools, and Mary Puleo, Gerard Puleo, Emma Dannenberg, Robin Dannenberg, Louis Reineri and Mary Anjela Reineri, Representing the "Involved Citizens Committee" United States of America v. Board of Education of the City of St. Louis and Daniel L. Schlafly, Frederick E. Busse, Gordon L. Benson, Malcolm W. Martin, Mrs. Anita L. Bond, Mrs. Joyce Bowen, Henry M. Grich, Jr. (Secretary), Rev. James L. Cummings (President), Mrs. Erma J. Lawrence, Rev. Donald E. Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Dix, Benjamin M. Price, Robert W. Bernthal, David J. Mahan, Charles Brasfield (School District Superintendent) and Robert E. Wentz(superintendent of Schools), and the State of Missouri, Arthur Mallory, Commissioner of Education of the State of Missouri, the State of Missouri Board of Education, Craton Liddell, a Minor, by Minnie Liddell, His Mother and Next Friend, and Minnie Liddell Joanna Goldsby, a Minor, by Barbara Goldsby, Her Mother and Next Friend, and Barbara Goldsby Deborah Yarber, a Minor, by Samuel Yarber, Her Father and Next Friend, and Samuel Yarber Nathalie Moore, a Minor, by Louise Moore, Her Mother and Next Friend, and Louise Moore Rachelle Legrand, a Minor, by Lois Legrand, Her Mother and Next Friend, and Lois Legrand, on Behalf of Themselves and All Other School-Age Children and Their Parents Residing in the Metropolitan School District of the City of St. Louis, Missouri, and Earline Caldwell, Lillie Caldwell, Denise Daniels, Dwane Daniels, Gwendolyn Daniels, Cedric Williams, Stephanie Williams, Gloria Williams, Janis Hutcherson, Lee Hutcherson, Robert Smith, Eddie S. Willis and the National Association for the Advancement of Colored People, City of St. Louis, Janice Adams and Jack Adams, Jr., Minors, by Jerrianne Adams, Their Natural Guardian and Next Friend, and Jerrianne Adams Catherine M. Neel and Camille A. Neel, Minors, by Catherine Neel, Their Natural Guardian and Next Friend, and Catherine Neel Mary Edington and Susan Edington, Minors, by Horace Edington, Their Natural Guardian and Next Friend, and Horace Edington, the Concerned Parents for Neighborhood Schools, and Mary Puleo, Gerard Puleo, Emma Dannenberg, Robin Dannenberg, Louis Reineri and Mary Anjela Reineri, Representing the "Involved Citizens Committee" United States of America v. Board of Education of the City of St. Louis and Daniel L. Schlafly, Frederick E. Busse, Gordon L. Benson, Malcolm W. Martin, Mrs. Anita L. Bond, Mrs. Joyce Bowen, Henry M. Grich, Jr. (Secretary), Rev. James L. Cummings (President), Mrs. Erma J. Lawrence, Rev. Donald E. Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Dix, Benjamin M. Price, Robert W. Bernthal, David J. Mahan, Charles Brasfield (School District Superintendent) and Robert E. Wentz(superintendent of Schools), and the State of Missouri, Arthur Mallory, Commissioner of Education of the State of Missouri, the State of Missouri Board of Education. Craton Liddell, a Minor, by Minnie Liddell, His Mother and Next Friend, and Minnie Liddell Joanna Goldsby, a Minor, by Barbara Goldsby, Her Mother and Next Friend, and Barbara Goldsby Deborah Yarber, a Minor, by Samuel Yarber, Her Father and Next Friend, and Samuel Yarber Nathalie Moore, a Minor, by Louise Moore, Her Mother and Next Friend, and Louise Moore Rachelle Legrand, a Minor, by Lois Legrand, Her Mother and Next Friend, and Lois Legrand, on Behalf of Themselves and All Other School-Age Children and Their Parents Residing in the Metropolitan School District of the City of St. Louis, Missouri, and Earline Caldwell, Lillie Caldwell, Denise Daniels, Dwane Daniels, Gwendolyn Daniels, Cedric Williams, Stephanie Williams, Gloria Williams, Janis Hutcherson, Lee Hutcherson, Robert Smith, Eddie S. Willis and the National Association for the Advancement of Colored People, City of St. Louis, Janice Adams and Jack Adams, Jr., Minors, by Jerrianne Adams, Their Natural Guardian and Next Friend, and Jerrianne Adams Catherine M. Neel and Camille A. Neel, Minors, by Catherine Neel, Their Natural Guardian and Next Friend, and Catherine Neel Mary Edington and Susan Edington, Minors, by Horace Edington, Their Natural Guardian and Next Friend, and Horace Edington, the Concerned Parents for Neighborhood Schools, and Mary Puleo, Gerard Puleo, Emma Dannenberg, Robin Dannenberg, Louis Reineri and Mary Anjela Reineri, Representing the "Involved Citizens Committee" United States of America v. Board of Education of the City of St. Louis and Daniel L. Schlafly, Frederick E. Busse, Gordon L. Benson, Malcolm W. Martin, Mrs. Anita L. Bond, Mrs. Joyce Bowen, Henry M. Grich, Jr. (Secretary), Rev. James L. Cummings (President), Mrs. Erma J. Lawrence, Rev. Donald E. Mayer (Vice President), Lawrence Moser, Charles Harris, and Julius C. Dix, Benjamin M. Price, Robert W. Bernthal, David J. Mahan, Charles Brasfield (School District Superintendent) and Robert E. Wentz(superintendent of Schools), and the State of Missouri, Arthur Mallory, Commissioner of Education of the State of Missouri, the State of Missouri Board of Education
667 F.2d 643 (Eighth Circuit, 1981)

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