Michelle Oliver v. Michigan State Board of Education, and Kalamazooboard of Education

508 F.2d 178, 1974 U.S. App. LEXIS 5741
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 9, 1974
Docket74-1104, 74-1105
StatusPublished
Cited by129 cases

This text of 508 F.2d 178 (Michelle Oliver v. Michigan State Board of Education, and Kalamazooboard of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michelle Oliver v. Michigan State Board of Education, and Kalamazooboard of Education, 508 F.2d 178, 1974 U.S. App. LEXIS 5741 (6th Cir. 1974).

Opinions

CELEBREZZE, Circuit Judge.

These appeals present the merits of a school desegregation suit brought against the Kalamazoo Board of Education, its Members, and its Superintendent, and against the Michigan State Board of Education and its Superintendent.1 The District Court’s Order grants permanent injunctive relief in the form of a desegregation plan adopted by the Kalamazoo Board of Education on May 7, 1971, but revoked on July 6, 1971. The injunction requires the State and local defendants to refrain from further segregative actions and inactions. The District Court assessed the costs of the proceedings against Appellants, but left the question of attorney fees for subsequent resolution.

The State and local defendants filed appeals, which have been consolidated in this proceeding. The issues are essentially three; whether the District Judge should have recused himself, whether the District Court’s standard of liability was incorrect, and whether the District Court’s findings were clearly erroneous.

[180]*180Recusal

Appellants moved, pursuant to 28 U.S.C. § 144 (1968),2 that the District Judge, Noel P. Fox, recuse himself because of his personal bias or prejudice in the case. The affidavit which accompanied the recusal motion contained numerous allegations about the propriety of certain rulings of the District Judge. Finding that the allegations failed to establish the personal bias or prejudice required to sustain a recusal motion, the District Court denied the motion.

Appellants’ affidavit included allegations that the District Judge held “an unshakable conviction” that there is no distinction between de facto and de jure segregation for constitutional purposes; that the relief granted was biased in favor of the black plaintiffs and prejudicial to poor whites; that personal bias for the plaintiffs was demonstrated by the manner in which the parties were characterized and the treatment accorded the parties, counsel, and witnesses; that an irrelevant and erroneous finding was made with regard to certain advice given by the defendants’ attorney; that a Motion for Protective Order filed by plaintiffs was given improper treatment; and that there was undue delay in holding the trial on the merits of the case. All these allegations relate to, and are sought to be supported by, proceedings in and rulings by the District Court.

Treating the facts alleged in the affidavit as true and looking only to the sufficiency of those facts in considering the recusal motion, Berger v. United States, 255 U.S. 22, 41 S.Ct. 230, 65 L.Ed. 481 (1921), we find that the allegations do not suffice to support a claim of personal bias or prejudice on the part of the District Judge. As we have stated previously:

The bias or prejudice which will disqualify a judge must be “personal” bias or prejudice as distinguished from a judicial one.
It is not sufficient if the alleged bias or prejudice arises out of the judge’s background and associations rather than his appraisal of the complaining party personally.
Nor is it sufficient that the alleged bias or prejudice arises from the judge’s view of the law, which may have been expressed by him in some prior case.
A judge is not disqualified merely because he believes in upholding the law, even though he says so with vehemence.
Adverse rulings during the course of the proceedings are not by themselves sufficient to establish bias and prejudice. Knapp v. Kinsey, 232 F.2d 458, 466 (6th Cir. 1956).

See United States v. Amick, 439 F.2d 351, 369 (7th Cir. 1971); Plaquemines Parish School Board v. United States, 415 F.2d 817, 824-825 (5th Cir. 1969); Tynan v. United States, 126 U.S.App.D.C. 206, 376 F.2d 761, 764-765 (1967). We affirm the District Court’s denial of the recusal motion.

Standard of Liability

Appellants challenge the standard of liability applied by the District Court, asserting that the District Court held them responsible for remedying de facto segregation and ignored the requirement that de jure segregation be shown as a predicate to a desegregation order.

We agree with Appellants that no remedy may be ordered when no consti[181]*181tutional violation has occurred. The federal courts are not free to intrude on the legitimate prerogatives of elected school officials. But the federal courts are guardians of constitutional rights and will protect minorities and majorities alike when they are deprived of the equal protection of the laws, despite an inevitable intrusion into decisions left to public officials in the absence of a constitutional violation. Given a constitutional violation, a remedy is not only proper but necessary. Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 90 L.Ed. 873 (1954), 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (1955); Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971).

We need not confront the question whether de facto segregation in a public school district establishes a constitutional violation of the Equal Protection Clause.3 The District Court explicitly adopted a test dependent on purposeful segregation by public school officials:

For the purposes of this case, the court assumes that the plaintiffs must establish that the defendants are guilty of de jure segregation of the Kalamazoo public schools.
[T]he major legal elements and conditioning factors of the constitutional tort of de jure segregation [footnote omitted] are reasonably clear. Under the Keyes theorem, in addition to showing that segregated schools exist, plaintiffs should establish (1) that the state to a significant degree caused or maintained these segregated conditions, and (2) that the state intentionally, i. e., purposefully, created or maintained them.
Under Keyes, in an intentional case, to be guilty of a constitutional violation, the state and local authorities must have in fact caused or maintained the segregated conditions which are complained of. Under this theory, it is a complete defense that the state and local authorities have not at all caused or maintained these conditions. Similarly, the state will not be held legally responsible if it has only occasionally committed segregative acts and these acts are of trivial importance and bear no significant relation to the modern situation.
Rather, the standard must be that the state and local agencies to a substantial degree contributed to the creation or maintenance of segregated schooling in Kalamazoo. .
Under Keyes, defendants must not only have caused the schools to be segregated, but must have intentionally caused them to be segregated.

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Bluebook (online)
508 F.2d 178, 1974 U.S. App. LEXIS 5741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-oliver-v-michigan-state-board-of-education-and-kalamazooboard-of-ca6-1974.