Boyd v. Pointe Coupee Parish School Board

Decision Date20 September 1971
Docket NumberCiv. A. No. 3164.
Citation332 F. Supp. 994
PartiesYvonne Marie BOYD et al. v. POINTE COUPEE PARISH SCHOOL BOARD et al.
CourtU.S. District Court — Eastern District of Louisiana

A. P. Tureaud, A. M. Trudeau, Jr., Ernest N. Morial, New Orleans, La., Jack Greenberg, Norman Amaker, and Norman Chachkin, New York City, for plaintiffs.

Frank D. Allen, Jr., Patrick Hardin, New Orleans, La., Murphy W. Bell, Baton Rouge, La., for plaintiff-intervenor United States.

Samuel C. Cashio, Dist. Atty., Maringouin, La., John F. Ward, Jack P. F. Gremillion, Atty. Gen. of La., Baton Rouge, La., for defendants.

E. GORDON WEST, Chief Judge.

This matter came on for hearing on a prior day on the motion of the United States of America, intervenor herein, for supplemental relief when, after hearing the evidence and arguments of counsel, the Court took time to consider. Now, after due consideration, the motion of the United States of America for supplemental relief is denied.

REASONS

The evidence in this case shows that this Court issued an order on July 25, 1969, requiring implementation of integration plans for the Pointe Coupee Parish schools. This order and plan was affirmed by the Fifth Circuit Court of Appeals on January 6, 1970, Boyd v. United States, 420 F.2d 379. Certain modifications to this plan were requested by the School Board which, by order of this Court dated August 21, 1970, were granted. That order was appealed and on November 13, 1970, the Fifth Circuit Court of Appeals dismissed the appeal.

Pursuant to these orders, all students in the Pointe Coupee Parish School System were assigned to schools on a racially non-discriminatory basis. If all students had, in fact, continued to attend the schools to which they had been assigned, integration of the schools would have been complete, and substantially in accordance with existing ratios of whites to negroes in the system. But as a result of these assignments, some 1800 or more students left the public school system to attend private schools. The result was the re-establishment of three all negro schools in the system. None of the white students who left these schools were permitted to attend other schools in the system. They left the public school system which, of course, they had a legal right to do. Consequently, the re-establishment of the colored schools in the Pointe Coupee Parish School System has in no way been brought about by State action. The segregation resulting is purely de facto in nature. It would be foolhardy to continue to reshuffle the student population every time some students exercised their legal right to leave the public school system in an effort to keep "spreading" the white students among all of the schools. Somewhere the line...

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3 cases
  • Gilmore v. City of Montgomery
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 9 Febrero 1973
    ...within its jurisdiction the equal protection of the laws. 358 U.S. at 17-19, 78 S.Ct. at 1409-1410. 7 E. g., Boyd v. Pointe Coupee Parish School Bd., 332 F.Supp. 994 (E.D.La. 1971). See also, e. g., United States v. Scotland Neck City Bd. of Education, 407 U.S. 484, 490, 92 S.Ct. 2214, 2218......
  • Thomas v. Pate
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 4 Abril 1974
    ...269 F.Supp. 401, 494-495 (D.C.1967), appeal dismissed, 393 U.S. 801, 89 S.Ct. 40, 21 L.Ed.2d 85. But see Boyd v. Pointe Coupee Parish School Bd., 332 F.Supp. 994 (E.D.La.1971). Once again the paucity of evidence in the record precludes us from resolving these The record establishes that at ......
  • Boyd v. Pointe Coupee Parish School Bd., 71-3305
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 10 Diciembre 1974
    ...and out where the people live. The latest Court Order, from which the United States appeals, is reported, Boyd v. Pointe Coupee Parish School Board, 332 F.Supp. 994 (D.C.La.1971). The District Court denied an application for supplemental relief, on the ground that the school system had beco......

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