Alvarado v. El Paso Independent School District, No. 71-1555.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 445 F.2d 1011 |
| Parties | David and Dolores ALVARADO et al., Plaintiffs-Appellants, v. EL PASO INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellees. |
| Docket Number | No. 71-1555. |
| Decision Date | 14 July 1971 |
445 F.2d 1011 (1971)
David and Dolores ALVARADO et al., Plaintiffs-Appellants,
v.
EL PASO INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellees.
No. 71-1555.
United States Court of Appeals, Fifth Circuit.
June 16, 1971.
Rehearing Denied and Rehearing Denied July 14, 1971.
Fred Weldon, El Paso, Tex., for plaintiffs-appellants.
Morris A. Galatzan, Harold L. Sims, A. R. Grambling, El Paso, Tex., for defendants-appellees.
Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
Rehearing Denied and Rehearing En Banc Denied July 14, 1971.
BY THE COURT:
This class action by fourteen Mexican-American parents on behalf of themselves and children, and all other children and parents in the El Paso, Texas Independent School District, alleges racial and ethnic discrimination in said school system in violation of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. §§ 1981, 1983, 1988, 2000c-8 and 2000d. In our view, the complaint clearly states a cause of action. Brown v. Board of Education of Topeka, Kansas, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954); Hernandez v. Texas, 347 U.S. 475, 74 S.Ct. 667, 98 L.Ed. 866 (1954). It was improvidently dismissed on the pleadings by the District Court, see Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Pred v. Board of Public Instruction, 5 Cir., 1969, 415 F.2d 851, 852 n. 1, with reasons assigned which are erroneous as a matter of law. Brown v. Topeka, supra; United States v. Jefferson County Board of Education, 5 Cir., 1966, 372 F.2d 836, at 865; decree modified, 380 F.2d 385 cert. denied, Caddo v. Parish School Board, 389 U.S. 840, 88 S.Ct. 67, 19 L.Ed.2d 103 (1967), and other cases too numerous to list.
The judgment of the District Court, 326 F.Supp. 674, is reversed and the cause is remanded with direction that the District Court forthwith hold a full and complete hearing to determine if the school desegregation policies of the School District (especially as they relate to student assignment, desegregation of faculty and other staff, majority to minority transfer policy, transportation, school construction and site selection, and attendance outside system of residence) comply with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U. S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, and this Court's numerous decisions relative to school desegregation, especially United States v. Jefferson County, supra; Singleton v. Jackson Municipal...
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Short v. Mando American Corp., Case No. 3:10–cv–350–MEF.
...related to racial discrimination as to be indistinguishable.' ” Bullard, 640 F.2d at 634; see also Alvarado v. El Paso Indep. Sch. Dist., 445 F.2d 1011 (5th Cir.1971) (holding that a complaint by Mexican–Americans alleging racial and ethnic discrimination, “clearly states a cause of action”......
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United States v. Texas Education Agency, No. 71-2508.
...Christi Independent School District, No. 71-2397, 5 Cir., 459 F.2d 13; Alvarado v. El Paso Independent School District, 5 Cir. 1971, 445 F.2d 1011 71-1555, June 16, 1971. The district judge in the instant case recognized this fact and so stated in his memorandum opinion. Unfortunately, a fa......
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Bullington v. Bedford Cnty., No. 17-5647
...to allow for parallel and concurrent § 1983 claims." Id. at 258–59, 129 S.Ct. 788 (citing Alvarado v. El Paso Indep. Sch. Dist. , 445 F.2d 1011 (5th Cir. 1971) ; Nashville I-40 Steering Comm. v. Ellington , 387 F.2d 179 (6th Cir. 1967) ; Bossier Par. Sch. Bd. v. Lemon , 370 F.2d 847 (5th Ci......
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Cannon v. University of Chicago, Nos. 76-1238
...by reference 45 C.F.R. § 80.8(d). 5 Plaintiff calls to our attention a number of such cases. Alvarado v. El Paso Indep. School Dist., 445 F.2d 1011 (5th Cir. 1971); Kelley v. Altheimer Public School Dist., 378 F.2d 483 (8th Cir. 1967); Cypress v. Newport News General and Nonsectarian Hospit......
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Short v. Mando American Corp., Case No. 3:10–cv–350–MEF.
...related to racial discrimination as to be indistinguishable.' ” Bullard, 640 F.2d at 634; see also Alvarado v. El Paso Indep. Sch. Dist., 445 F.2d 1011 (5th Cir.1971) (holding that a complaint by Mexican–Americans alleging racial and ethnic discrimination, “clearly states a cause of action”......
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Ortiz v. Bank of America, No. Civ. S-81-298 LKK.
...1981 without discussing whether those groups came within the statute's protection. See Alvarado v. El Paso Independent School District, 445 F.2d 1011 (5th Cir. 1971) (per curiam reversal of the district court recognizing that Mexican-American plaintiffs in alleging "racial and ethnic discri......
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Chacko v. Texas a&M University, Civil Action No. H-95-4637.
...634-35 (5th Cir.1981); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 970-71 (10th Cir.1979); Alvarado v. El Paso Indep. Sch. Dist., 445 F.2d 1011 (5th Cir.1971), aff'd, 593 F.2d 577 (5th Cir.1979). Supreme Court precedent also establishes that § 1981 prohibits official discrimination ag......
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Bullington v. Bedford Cnty., No. 17-5647
...to allow for parallel and concurrent § 1983 claims." Id. at 258–59, 129 S.Ct. 788 (citing Alvarado v. El Paso Indep. Sch. Dist. , 445 F.2d 1011 (5th Cir. 1971) ; Nashville I-40 Steering Comm. v. Ellington , 387 F.2d 179 (6th Cir. 1967) ; Bossier Par. Sch. Bd. v. Lemon , 370 F.2d 847 (5th Ci......