Burns v. Board of Sch. Com'rs of City of Indianapolis, Ind., 18326.
| Decision Date | 22 January 1971 |
| Docket Number | No. 18326.,18326. |
| Citation | 437 F.2d 1143 |
| Parties | Larry BURNS, et al., etc., Plaintiffs-Appellants, v. The BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, INDIANA, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Harold E. Hutson, Indianapolis, Ind., for plaintiffs-appellants.
G. R. Redding, E. C. Ulen, Jr., Stephen W. Terry, Jr., Norman P. Rowe, Indianapolis, Ind., for defendants-appellees; Baker & Daniels, Indianapolis, Ind., of counsel.
Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, and KILEY, Circuit Judge.
This appeal challenges the propriety of the removal to a federal district court of an injunction action filed in a state court which sought relief from the corrective assignment of public school teachers on the basis of their race and on the basis of the racial composition of faculties of the various public schools of Indianapolis. The plaintiffs are school teachers in the Indianapolis public school system who were denied permission to intervene in United States v. Board of School Commissioners of Indianapolis, Indiana, et al., No. IP 68-C-225 (S.D.Ind.), a suit brought by the Department of Justice pursuant to section 407 of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6 and 28 U.S.C. § 1345.
Following the submission of a stipulation of the parties as to all material facts alleged in the complaint in that case, the federal district court entered its final judgment on August 5, 1968 based on a finding of invidious discrimination in teacher assignments, ordering the corrective teacher reassignments of which the plaintiffs here complain. Plaintiffs then instituted this action in the Circuit Court of Marion County, Indiana, seeking to enjoin involuntary teacher reassignments on the theory that such assignments violated section 28-5161, Burns' Indiana Statutes Annotated (Supp. 1967), which prohibits public school teacher placements on the basis of race, and the Fourteenth Amendment to the United States Constitution. Defendants thereafter — but not before the Marion County Circuit Court had entered its temporary restraining order prohibiting such transfers — removed the action to the federal district court since the assignments complained of were made pursuant to that court's order. The federal district court, after hearing, granted the defendant school board's motion for summary judgment and dissolved the state court's temporary restraining order.
We fully agree with the district court's opinion, Burns v. Board of School Commissioners, 302 F.Supp. 309 (S.D.Ind.1969), which granted judgment for the...
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U.S. v. Board of School Com'rs of City of Indianapolis, Indiana
...which promptly dissolved the restraining order. Burns v. Board of School Commissioners, 302 F.Supp. 309 (S.D.Ind.1969), aff'd, 437 F.2d 1143 (7th Cir. 1971). The student portion of the 1968 case was tried before the court on July 12-21, 1971. In accordance with Brown v. Board of Education (......
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...464 F.2d 1030 (6th Cir. 1973); Miller v. Meinhard-Commercial Corp., 462 F.2d 358, 360 (5th Cir. 1972); Burns v. Board of School Commissioners, 437 F.2d 1143 (7th Cir. 1971). Second, defendants assert that the Bolden Consent Decree was fashioned to remedy employment discrimination against mi......
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...under a federal civil rights law. In support of its position, the school district relies on our decision in Burns v. Board of School Commissioners, 437 F.2d 1143 (7th Cir.1971), aff'g 302 F.Supp. 309 (N.D.Ind.1969). The defendant school board in Burns had been found by the district court in......
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Vlaming v. W. Point Sch. Bd.
...under § 1443(2) in a Title VI case); Burns v. Bd. of Sch. Comm'rs , 302 F. Supp. 309, 312 (S.D. Ind. 1969) (same), aff'd , 437 F.2d 1143 (7th Cir. 1971) (per curiam); Linker v. Unified Sch. Dist. No. 259 , 344 F. Supp. 1187, 1195 (D. Kan. 1972) (same).3 We have previously applied Rachel to ......