791 F.2d 1573 (8th Cir. 1986), 85-1177, United States v. State of Ark.

Docket Nº:85-1177, 85-1290.
Citation:791 F.2d 1573
Party Name:UNITED STATES of America, Appellee, v. STATE OF ARKANSAS; Arkansas Department of Education, Dr. Don R. Roberts, Director; Wayne Hartsfield, Chairman; Jim Dupree; T.C. Cogbill, Jr.; Rabie Rhodes; Dr. John W. Cole; Harry A. Haines; Rev. Emery Washington; Jack E. Meadows; and Dr. Ellis Gardner, Appellants, Nemo Vista School District and South Conway C
Case Date:May 29, 1986
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1573

791 F.2d 1573 (8th Cir. 1986)

UNITED STATES of America, Appellee,

v.

STATE OF ARKANSAS; Arkansas Department of Education, Dr.

Don R. Roberts, Director; Wayne Hartsfield, Chairman; Jim

Dupree; T.C. Cogbill, Jr.; Rabie Rhodes; Dr. John W.

Cole; Harry A. Haines; Rev. Emery Washington; Jack E.

Meadows; and Dr. Ellis Gardner, Appellants,

Nemo Vista School District and South Conway County School

District, Appellees,

Conway County Board of Education; Ernest L. Rankin,

Secretary; J.D. Barnum, B. Jack Wilson; Leon Cowan; Fred

Burnett and James E. Leach, Members; East Side School

District No. 5, Peter Faison, Superintendent; Cain Cochran;

J.D. Hammond; Rupert Hemphill; Ladel Morris and Sammie

Chriswell, Members; Nemo Vista School District No. 8, T.O.

Adams, Superintendent; Haven Mahon; Clyde Stobaugh; J.V.

Ward; J.M. Carr and Henry Huett, Members; Wonderview

School District No. 2, John Dunsworth, Superintendent; Tony

Rowell; Bill Alvey; Wayland Duvall; James Wells; Don

Hillis and Doyle Franklin, Members, Conway County School

District No. 1; Tony L. Desalvo; Stanley McCoy; Tommy

Lee; Leroy Rainey and R.E. Mitchum, Members; Ernest

Rankin, Ex-officio Secretary.

UNITED STATES of America,

v.

STATE OF ARKANSAS; Arkansas Department of Education, Dr.

Don R. Roberts, Director; Wayne Hartsfield, Chairman; Jim

Dupree; T.C. Cobgill, Jr.; Rabie Rhodes; Dr. John W.

Cole; Harry A. Haines; Rev. Emery Washington; Jack E.

Meadows; and Dr. Ellis Gardner, Appellees,

Nemo Vista School District and South Conway County School

District, Appellant,

Conway County Board of Education; Ernest L. Rankin,

Secretary; J.D. Barnum, B. Jack Wilson; Leon Cowan; Fred

Burnett and James E. Leach, Members; East Side School

District No. 5, Peter Faison, Superintendent; Cain Cochran;

J.D. Hammond; Rupert Hemphill; Ladel Morris and Sammie

Chriswell, Members; Nemo Vista School District No. 8, T.O.

Adams, Superintendent; Haven Mahon; Clyde Stobaugh; J.V.

Ward; J.M. Carr and Henry Huett, Members; Wonderview

School District No. 2, John Dunsworth, Superintendent; Tony

Rowell; Bill Alvey; Wayland Duvall; James Wells; Don

Hillis and Doyle Franklin, Members, Conway County School

District No. 1; Tony L. Desalvo; Stanley McCoy; Tommy

Lee; Leroy Rainey and R.E. Mitchum, Members; Ernest

Rankin, Ex-officio Secretary.

Nos. 85-1177, 85-1290.

United States Court of Appeals, Eighth Circuit

May 29, 1986

        Submitted Oct. 16, 1985.

Page 1574

        C. Randy McNair, Asst. Atty. Gen., Little Rock, Ark., for appellants.

        Charles J. Cooper, U.S. Dept. of Justice, Washington, D.C., for U.S.

        Robert V. Light, Little Rock, Ark., for South Conway County School Dist.

        Before BOWMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

        BOWMAN, Circuit Judge.

        This is a school desegregation case in the remedial stage of proceedings. The State of Arkansas and the Arkansas Department of Education (hereinafter sometimes collectively referred to as "the State") appeal from a final judgment of the District Court requiring the State to finance the costs of desegregating the schools in Conway County, Arkansas. The State contends that the District Court committed reversible error, first, by reinstating the State as a defendant seven years after it originally was dismissed, and subsequently by ordering the State to pay the costs of desegregation without holding an evidentiary hearing on the issue of the State's liability. The State also contests the District Court's award of attorneys' fees as part of the costs. For the reasons stated below, we affirm in

Page 1575

part, reverse in part, and remand for further proceedings.

       I.

        In 1972, the United States filed suit against the State of Arkansas, the Arkansas Department of Education and its Director, members of the State Board of Education, and the school districts in Conway County, Arkansas, including the superintendents and boards of school directors of those districts. The complaint alleged that the state and local authorities had established segregated school districts through a series of school district consolidations and had continued to maintain those segregated school districts in violation of the Fourteenth Amendment to the United States Constitution and Title IV of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000c-6.

        Before trial in 1973, the District Court dismissed the State of Arkansas and the Arkansas Department of Education but retained the individual members of the State Board of Education and the State Director of Education as parties to the proceedings. The court stated "that if it turns out ultimately that the Government is entitled to relief at the State level such relief will be obtainable by the operation of the Court's decree on the State defendants who are now before the Court." United States v. Arkansas, No. LR-72-C-290, slip op. at 2-3 (E.D.Ark. July 26, 1973). The case then proceeded to trial and the District Court determined that local authorities had segregated school students on the basis of their race both within and among school districts. The District Court made no finding of liability on the...

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