Bohlander v. INDEPENDENT SCH. DIST. NO. 1 OF TULSA CO., OKL.
Decision Date | 23 December 1969 |
Docket Number | No. 346-69.,346-69. |
Citation | 420 F.2d 693 |
Parties | Patsy Dove BOHLANDER, Plaintiff-Appellee, v. INDEPENDENT SCHOOL DISTRICT NUMBER ONE OF TULSA COUNTY, OKLAHOMA, Defendant-Appellant. |
Court | U.S. Court of Appeals — Tenth Circuit |
Thomas Dee Frasier, Tulsa, Okl., for plaintiff-appellee.
C. H. Rosenstein, Tulsa, Okl. (David L. Fist, Tulsa, Okl., with him on the brief), for defendant-appellant.
John A. Bleveans, Dept. of Justice, Washington, D. C. (Jerris Leonard, Asst. Atty. Gen., and Gary J. Greenberg, Dept. of Justice, Washington, D. C., with him on the brief), for the United States as amicus curiae.
Before PICKETT, HILL and SETH, Circuit Judges.
The only issue presented by this appeal is the right of a school board in Tulsa, Oklahoma to remove a state court action brought by patrons of a school district to enjoin the board from implementing a portion of a plan to eliminate racial discrimination in its schools, which plan had been submitted to and approved by the United States District Court for the Northern District of Oklahoma in an action brought by the Attorney General of the United States under the provisions of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6.1 After removal, the District Court, on its own motion and without a hearing, remanded the case to the state court. The removal was pursuant to 28 U.S.C. § 1443 and the remand order was appealable. 28 U.S.C. § 1447(d).
28 U.S.C. § 1443 is as follows:
In Greenwood v. Peacock, 384 U.S. 808 at page 824, 86 S.Ct. 1800 at page 1810, 16 L.Ed.2d 944, it was said that the second subsection of Section 1443 "confers a privilege of removal only upon federal officers or agents and those authorized to act with or for them in affirmatively executing duties under any federal law providing for equal civil rights." Here the Attorney General of the United States, as authorized by the Civil Rights Act of 1964, brought an action to compel the school board to desegregate its public schools and to provide equal civil rights to all those attending the schools involved. The board undertook to carry out the directions of the federal court in an order which was authorized by federal civil rights statutes, and was an act under color of authority derived from a law conferring specific rights of racial equality. In its activities the board was acting with and for federal officers in executing their duties under the Civil Rights Act of 1964.2 Consequently, the state court action seeking to enjoin its activities was removable under § 1443 (2).
The remand order is...
To continue reading
Request your trial-
County Collector of County of Winnebago, Ill., Application of
...are entitled to remove under the color of authority provision, as construed in Greenwood. See, e.g., Bohlander v. Independent Sch. Dist. Number One, 420 F.2d 693, 694 (10th Cir.1969); Voinovich v. Cleveland Bd. of Educ., 539 F.Supp. 1100, 1101-02 (N.D.Ohio 1982); Buffalo Teachers Fed'n v. B......
-
Vlaming v. W. Point Sch. Bd.
...concluded that Title VI, of course, serves as a proper basis for removal under § 1443(2). See, e.g. , Bohlander v. Indep. Sch. Dist. No. 1 , 420 F.2d 693, 694 (10th Cir. 1969) (per curiam) (finding removal proper under § 1443(2) in a Title VI case); Burns v. Bd. of Sch. Comm'rs , 302 F. Sup......
-
Bridgeport Ed. Ass'n v. Zinner, Civ. No. B-74-353.
...law. Id. at 312. In similar circumstances, removal was based solely on the first clause of § 1443(2) in Bohlander v. Independent School Dist. No. One, 420 F.2d 693 (10th Cir. 1969). In Linker v. Unified School Dist. # 259, 344 F.Supp. 1187, 1195 (D.Kan.1972), a suit by parents to enjoin a s......
-
McQuilken v. A & R DEVELOPMENT CORP.
...at 800-1 (citing Greenwood v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944 (1966); Bohlander v. Independent School District No. 1 of Tulsa Co., Okla., 420 F.2d 693 (10th Cir.1969) and other cases). The Court does not find anything in § 1443(2) or the cases construing it which limits......