Reed v. Rhodes

472 F. Supp. 618, 1979 U.S. Dist. LEXIS 12363
District Court, N.D. Ohio·Decided May 16, 1979·No. No. C73-1300·Published·Cited by 1 cases

Opinion

ORDER

BATTISTI, Chief Judge.

The Court has been asked by the local defendants to clarify the roles of the various parties to this proceeding. In order to fully articulate the obligations of the parties, the basic guiding principles underlying the remedial order in this case will be explored.

This lawsuit has proceeded to the stage of remediation for the sole reason that the defendants have knowingly and voluntarily deprived the minority children in the City of Cleveland of an equal opportunity education. These actions, which were catalogued in this Court’s August 31, 1976 order and February 6, 1978 remand order, were gross and deliberate. Despite the defendants’ present intentions and representations, in the past they or their predecessors engaged in decisions and actions with the purpose of segregating the black children in the school system. After careful deliberation, the Court came to this conclusion after the plaintiffs proved during the course of a long and thorough liability trial more than 200 instances of educational questions being decided on racial grounds. The defendants’ conduct extended over a considerable period of time and adversely affected the educational opportunities for generations of minority children in Cleveland.

Once the defendants have been found liable for having created and perpetuated a segregated school system, the Constitution of the United States requires that affirmative steps be taken to remedy the unlawful conditions. The district court’s mandate in desegregation proceedings is clear:

“The District Court must be mindful not only of its ‘authority to grant appropriate relief,’ but also of its duty to remedy fully those constitutional violations it finds. It should be flexible but unflinching in its use of its equitable powers, always conscious that it is the rights of individual school children that are at stake, and that it is the constitutional right to equal treatment for all races that is being protected.” Dayton Board of Education v. Brinkman, 433 U.S. 406, 424, 97 S.Ct. 2766, 2777, 53 L.Ed.2d 851 (1977) (J. Brennan, concurring) (emphasis added)

[620]*620Regardless of the pressures brought to bear on the court, it cannot shirk its constitutional obligations to disestablish an unconstitutional system and to require a lawful system to operate “as soon as practical.” Green v. County School Board of New Kent County, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968).

For the most part, the district court’s duties and responsibilities are unique and exclusive. Notwithstanding the various attempts by litigants to discredit a district court judge or proceeding, our judicial system relies exclusively on the reasonable factual judgments of a district court. Dayton Board of Education v. Brinkman, supra. The district court is familiar with the local situation and is in the best position to appraise the efforts and motivations of the parties. Milliken v. Bradley, 433 U.S. 267 at 287, note 18, 97 S.Ct. 2749, at 2760, note 18, 53 L.Ed.2d 745. Brown v. Board of Education of Topeka, Kan., 349 U.S. 294, at 299, 75 S.Ct. 753, at 755, 99 L.Ed.2d 1083. The Supreme Court has acknowledged that in desegregation cases “we must of necessity rely to a large extent, as [the Supreme Court] has for more than 16 years, on the informed judgments of the district court . ” Swann v. Board of Education, 402 U.S. 1, 28, 91 S.Ct. 1267, 1282, 28 L.Ed.2d 554 (1971). Therefore, all other reviewing courts pay due deference to the conclusions and wisdom of district court findings. The district court, therefore, must remain fully apprised of all actions and factual developments which may impact its fact finding and remedial obligations.

The defendants in this case carry a weighty and substantial burden. They, jointly and severally, have the primary and unalterable obligation to rectify the conditions which have been found unlawful. Their constitutional duty to use their best efforts to effectively desegregate the Cleveland School system supercedes their electoral obligations. If these differing commitments conflict, the defendants are required to obey the highest law of the land and to conscientiously carry out their constitutional mandates.1 This is the heart of a constitutional democracy and reflects our country’s and city’s need for elected officials with back bones to withstand destructive political forces. This court is fully aware of the political pressures brought to hear on elected school officials and adopts the perceptions of the federal judge in Evans v. Buchanan who stated:

“[T]he Court is not totally insensitive to the dismay and anger experienced by some white citizens who must assume responsibility for violations arising out of discriminatory laws enacted in the past over which they exercised little or no control. However sincere and strongly held, such beliefs fail to recognize that widespread discrimination, sanctioned by law, was practiced in Delaware in contravention of the United States Constitution.” 447 F.Supp. 982, at 1001.

The situation in Cleveland requires patience, devotion to higher principles of law, and ungrudging sacrifice to create a positive atmosphere of quality education for every school child regardless of race.2

The defendants’ constitutional duties are defined by a variety of consistent mandates. First, the Fourteenth Amendment, of its own force, proscribes them from intentionally denying educational opportunities of school children on the basis of race. Second, this Court’s August 31, 1976 order enjoins them from affirmatively seg[621]*621regating or maintaining segregation in the school system. Third, the various court orders in this case have the force of law and require that the parties act affirmatively toward the goal of desegregation. The defendants have the duty to follow the letter and spirit of this court’s decrees. If they knowingly attempt to avoid a judicially defined duty, they may be subject to sanction.

The defendants will be held responsible to undertake those tasks which a reasonable interpretation of the orders would dictate. It should be noted that unquestioning reliance on the advice of counsel does not insulate the defendants from civil sanctions. Further, the defendants should be aware that, as long as they remain under the shadow of contempt, their actions, of necessity, will be more closely scrutinized to ensure that they are not motivated by racial reasons. See U. S. v. Wilcox County Board of Education, 494 F.2d 575, 580 (5th Cir.) cert. denied, 419 U.S. 1031, 95 S.Ct. 512, 42 L.Ed.2d 306 (1974).

The defendants have the further burden to provide information and assistance to this Court. The Court has the duty to review the plans and activities of the defendants to judge whether they pass constitutional muster. The standard of review is one of fundamental fairness, Swann v. Board of Education, supra, of feasibility and of effectiveness. Green v.

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Reed v. Rhodes, 472 F. Supp. 618, 1979 U.S. Dist. LEXIS 12363 (N.D. Ohio 1979).

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