Clark v. Thompson, Civ. A. No. 3235.
| Decision Date | 19 April 1962 |
| Docket Number | Civ. A. No. 3235. |
| Citation | 204 F. Supp. 30 |
| Parties | Rev. L. A. CLARK, Mary A. Cox and W. R. Wren, on behalf of themselves and others similarly situated, Plaintiffs, v. Allen C. THOMPSON, Mayor of the City of Jackson, Mississippi, et al., Defendants. |
| Court | U.S. District Court — Southern District of Mississippi |
Jack Young, Jackson, Miss., Robert L. Carter and Maria L. Marcus, New York City, for plaintiffs.
Thomas H. Watkins, E. W. Stennett, Jackson, Miss., for defendants.
Before RIVES and BROWN, Circuit Judges, and MIZE, District Judge.
The complaint prays for an injunction restraining and enjoining the defendants and each of them, and their agents, from enforcing or executing sections 4065.3 and 2056(7) of the Mississippi Code of 1942, Annotated, and such parts of section 2046.5(1) of said Code as pertains to "public parks and swimming pools" against the plaintiffs and the class of persons they represent, preventing them from using public recreational facilities on an integrated and equal basis solely on the grounds of race and color, because such enforcement would deny rights guaranteed under the Fourteenth Amendment to the Constitution of the United States.
The supplemental brief on behalf of the plaintiffs, filed March 26, 1962, properly and frankly concedes:
."
The only questions of any possible doubt relate to the construction of the statutes. If any one or more of the statutes should be construed to permit or encourage the denial to plaintiffs or the class which they represent of the use of public recreational facilities, including public libraries, on an integrated and equal basis solely on the grounds of race and color, then it would be so plainly unconstitutional as not to require a three-judge court. We think that the recent decisions in Bailey v. Patterson, 369 U. S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512, decided February 26, 1962, and Turner v. City of Memphis et al., 82 S.Ct. 805, Oct. Term, No. 84, decided March 26, 1962, require that we dissolve the three-judge district court in this case and leave the case for the decision of the single...
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Clark v. Thompson, Civ. A. No. 3235.
...was taken under advisement. After mature consideration, the Court concluded that this was not a proper case for a three-judge Court. 204 F.Supp. 30. Accordingly, an order has been entered herein dissolving the three-judge FINDINGS OF FACT None of the plaintiffs has been arrested or threaten......
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Leonard v. Mississippi State Probation and Parole Bd.
...'erroneous administrative action'. Ex Parte Bransford, 1940, 310 U.S. 354, 361, 60 S.Ct. 947, 84 L.Ed. 1249. See also Clark v. Thompson, S.D.Miss.1962, 204 F.Supp. 30, 31. The mere fact that a prisoner is injured by the acts of a state official done 'under color of state law' is sufficient ......
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Smith v. State Executive Committee of Dem. Party of Ga.
...parte Bransford, 310 U.S. 354, 60 S.Ct. 947, 84 L.Ed. 1249 (1940); McGuire v. Sadler, 337 F.2d 902(12) (5th Cir.1964); Clark v. Thompson, 204 F.Supp. 30 (S.D.Miss.1962). The absence of a substantial attack on the statute itself negatives plaintiffs attempt to place the rules and regulations......