Bradley v. Milliken, No. 21036.
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 438 F.2d 945 |
| Docket Number | No. 21036. |
| Decision Date | 22 February 1971 |
| Parties | Ronald BRADLEY et al., Plaintiffs-Appellants, v. William G. MILLIKEN et al., Defendants-Appellees, and Detroit Federation of Teachers, Local 231, American Federation of Teachers, AFL-CIO, Defendant-Intervenor. |
438 F.2d 945 (1971)
Ronald BRADLEY et al., Plaintiffs-Appellants,
v.
William G. MILLIKEN et al., Defendants-Appellees, and
Detroit Federation of Teachers, Local 231, American Federation of Teachers, AFL-CIO, Defendant-Intervenor.
No. 21036.
United States Court of Appeals, Sixth Circuit.
February 22, 1971.
Louis R. Lucas, Memphis, Tenn., for plaintiffs-appellants; William E. Caldwell, Ratner, Sugarmon & Lucas, Memphis, Tenn., E. Winther McCroom, Cincinnati, Ohio, Nathaniel Jones, Gen. Counsel, N.A.A.C.P., Jack Greenberg, James M. Nabrit, III, Norman J. Chachkin, New York City, Bruce Miller, Lucille Watts, Legal Redress Committee, N.A.A.C.P., Detroit Branch, Detroit, Mich., on brief; J. Harold Flannery, Paul Dimond, Center for Law and Education, Cambridge, Mass., of counsel.
George E. Bushnell, Jr., Carl H. Von Ende, Detroit, Mich., Eugene Krasicky, Lansing, Mich., for defendants-appellees; Miller, Canfield, Paddock & Stone, Detroit, Mich., Frank J. Kelley, Atty. Gen., Eugene Krasicky, Asst. Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.
Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.
PER CURIAM.
This is the second appeal to this court in a case in which there has been no hearing on the merits.
Plaintiffs-appellants have alleged that the school system of the City of Detroit is being operated in an unconstitutional manner by failing to conform to the standards enunciated in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873, Alexander v. Holmes County Board of Education, 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19, and other decisions of the Supreme Court on the issue of desegregation of the public schools. As a consequence, it is asserted that remedial orders by the District Court are necessary to correct the situation. On the present appeal relief is sought in this court in the form of a motion for summary reversal or in the alternative for injunction pending appeal.
In our decision on the previous appeal, Bradley v. Milliken, 433 F.2d 897 (6th Cir.), this court affirmed the order of the District Court refusing to grant a preliminary injunction and remanded the case for a hearing on its merits.
The issue in this case is not what might be a desirable Detroit school plan, but whether or not there are constitutional violations in the school system as presently operated, and, if so, what relief is necessary to avoid further impairment of constitutional rights. There must be a trial on the merits as to...
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Bradley v. Milliken, s. 75-2018
...the April 7 plan into effect. The plaintiffs moved for summary reversal or injunction pending appeal. In an opinion reported at 6 Cir., 438 F.2d 945 (1971), this court again remanded the case to the District Court for a hearing on the merits. After extensive hearings, Judge Roth found as a ......
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Milliken v. Bradley Allen Park Public Schools v. Bradley Grosse Pointe Public School System v. Bradley 8212 434, 73 8212 435 73 8212 436, s. 73
...instructions to proceed immediately to a trial on the merits of respondents' substantive allegations concerning the Detroit school system. 438 F.2d 945 (CA6 1971). The trial of the issue of segregation in the Detroit school system began on April 6, 1971, and continued through July 22, 1971,......
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School Committee of Springfield v. Board of Ed.
...see Martin v. Evansville-Vanderburgh Sch. Corp. of Evansville, 347 F.Supp. 816 (S.D.Ind.1972). 24 After several intervening decisions, see 438 F.2d 945 (6th Cir. 1971), 338 F.Supp. 582 (E.D.Mich.1971), 484 F.2d 215 (6th Cir. 1973), this case reached the Supreme Court for resolution of a sin......
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Bradley v. Milliken, 72-1809-72-1814.
...August 18, 1970. The earlier decisions of this court are reported at Bradley v. Milliken, 433 F.2d 897 (6 Cir. 1970); Bradley v. Milliken, 438 F.2d 945 (6 Cir. 1971); and Bradley v. Milliken, 6 Cir., 468 F.2d 902. cert. denied, 409 U.S. 844, 93 S.Ct. 45, 34 L.Ed.2d 83 (1972). (On November 2......
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Bradley v. Milliken, No. 72-1809-72-1814.
...August 18, 1970. The earlier decisions of this court are reported at Bradley v. Milliken, 433 F.2d 897 (6 Cir. 1970); Bradley v. Milliken, 438 F.2d 945 (6 Cir. 1971); and Bradley v. Milliken, 6 Cir., 468 F.2d 902. cert. denied, 409 U.S. 844, 93 S.Ct. 45, 34 L.Ed.2d 83 (1972). (On November 2......
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Bradley v. Milliken, Nos. 75-2018
...the April 7 plan into effect. The plaintiffs moved for summary reversal or injunction pending appeal. In an opinion reported at 6 Cir., 438 F.2d 945 (1971), this court again remanded the case to the District Court for a hearing on the merits. After extensive hearings, Judge Roth found as a ......
-
Milliken v. Bradley Allen Park Public Schools v. Bradley Grosse Pointe Public School System v. Bradley 8212 434, 73 8212 435 73 8212 436, Nos. 73
...instructions to proceed immediately to a trial on the merits of respondents' substantive allegations concerning the Detroit school system. 438 F.2d 945 (CA6 1971). The trial of the issue of segregation in the Detroit school system began on April 6, 1971, and continued through July 22, 1971,......
-
School Committee of Springfield v. Board of Ed.
...see Martin v. Evansville-Vanderburgh Sch. Corp. of Evansville, 347 F.Supp. 816 (S.D.Ind.1972). 24 After several intervening decisions, see 438 F.2d 945 (6th Cir. 1971), 338 F.Supp. 582 (E.D.Mich.1971), 484 F.2d 215 (6th Cir. 1973), this case reached the Supreme Court for resolution of a sin......