Gibson v. Board of Public Instruction of Dade County
Decision Date | 29 August 1957 |
Docket Number | No. 16482.,16482. |
Citation | 246 F.2d 913 |
Parties | Theodore GIBSON, as next friend for Theodore Gibson, Jr., et al., Appellants, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
G. E. Graves, Jr., Miami, Fla., Constance Baker Motley, Thurgood Marshall, New York City, Edwin L. Davis, Miami, Fla., Robert L. Carter, New York City, for appellants.
George C. Bolles, Jr., Edward F. Boardman, John S. Lloyd, Boardman & Bolles, Miami, Fla., for appellees.
Before RIVES, JONES and BROWN, Circuit Judges.
Negro children eligible to attend the public schools of Dade County, Florida, by their parents as next friends, filed a class action alleging irreparable injury and deprivation of their constitutional rights by the Board of Public Instruction and the Superintendent of Public Schools of that County. The complaint averred that each of the children seeks admission to the public schools of the County without racial segregation; that the defendants maintain and supervise such schools "under a system which provides certain schools for the education of white children only and others for the education of colored children only"; that the plaintiffs have petitioned the Board of Public Instruction to abolish racial segregation in the public schools of the County as soon as is practicable in conformity with the decision of the Supreme Court of the United States in Brown v. Board of Education, 1955, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083, but that the Board has refused and, instead adheres to a statement of policy in part as follows:
The complaint prayed for declaratory and injunctive relief.
Upon motion of the defendants, the district court dismissed the complaint holding that it did not set forth a justiciable case or controversy, and did not allege that the plaintiffs had sought admission to any particular school or had been denied the right to attend any school because of their race.1
The issue of justiciable controversy under such a complaint has been settled in Bush v. Orleans Parish School Board, D.C.E.D.La.1956, 138 F.Supp. 337, 340,2 affirmed by this Court in 5 Cir., 1957, 242 F.2d 156.3
Under the circumstances alleged, it was not necessary for the plaintiffs to make application for admission to a particular school. As said by Chief Judge Parker of the Fourth Circuit in School Board of City of Charlottesville, Va. v. Allen, 4 Cir., 1956, 240 F.2d 59, 63, 64:
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Darby v. Daniel, Civ. A. 2748.
...they filed this civil action. Plaintiff Rutha Dillon testified that she did not appeal at all. 33 E. g., Gibson v. Board of Public Instruction of Dade County, 5 Cir., 1957, 246 F.2d 913, which holds premature the contention that school children did not pursue administrative remedies where t......
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Armstrong v. Board of Education of City of Birmingham, Ala.
...exhausted." That ruling was directly contrary to repeated decisions of this Court. See, among others, Gibson v. Board of Public Instruction of Dade County, 5 Cir. 1957, 246 F.2d 913, 914;1 on second appeal, 5 Cir. 1959, 272 F.2d 763, 767;2 Holland v. Board of Public Instruction of Palm Beac......
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Neese v. Board of Education For Community Unit School District 187, Cahokia Illinois
...whatever to desegregate the schools), and Orleans Parish School Board v. Bush, 5 Cir., 242 F.2d 156, and Gibson v. Board of Public Instrucdtion of Dade County, 5 Cir., 246 F.2d 913 (arising in States having school segregation statutes on their books), are wide of the mark in the circumstanc......
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Baldwin v. Morgan
...necessity of precipitating an incident, such as a claim of right and resistance of arrest as a "test" case. Gibson v. Board of Public Instruction of Dade County, 5 Cir., 246 F.2d 913. Assuming that somehow consideration of these subsequent events not disclosed by the complaint was properly ......