Husbands v. Commonwealth of Pennsylvania, Civ. A. No. 72-1254.

• Decision Date: 31 March 1975
• Docket Number: Civ. A. No. 72-1254.
• Citation: 395 F. Supp. 1107
• Parties: Harry N. HUSBANDS et al. v. COMMONWEALTH OF PENNSYLVANIA et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

395 F. Supp. 1107

Harry N. HUSBANDS et al. v. COMMONWEALTH OF PENNSYLVANIA et al.

Civ. A. No. 72-1254.

United States District Court, E. D. Pennsylvania.

March 31, 1975.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Joseph P. Caranci, Jr., Natale, Zetusky & Stewart, Media, Pa., for plaintiffs.

Melvin G. Levy, Chester, Pa., Lewis B. Beatty, Jr., Media, Pa., Burton D. Morris, Deputy Atty. Gen., Dept. of Justice, Harrisburg, Pa., Leo A. Hackett, Media, Pa., Peter J. Nolan, Chester, Pa., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

NEWCOMER, District Judge.

This is an action for declaratory judgment and injunctive relief, brought under 42 U.S.C. §§ 1981 and 1983 by the parents of public school children within Delaware County, Pennsylvania, challenging the reorganization of certain school districts in that county in 1968. The plaintiffs charged that as a result of such reorganization by the above-named defendants, they have been forced to attend schools within racially and economically segregated districts and accordingly, have been deprived of rights, privileges and immunities secured by the Constitution and laws of the United States. The plaintiffs pray for an injunction, altering and revising or ordering defendants to alter and revise the Delaware County School Reorganization Plan, declaratory relief as to the unconstitutionality of said plan in its present configuration, an injunction restraining the levy of taxes by the defendants without equalization of assessment ratios and declaratory relief as to the unconstitutionality of public school financing which places substantial dependence upon local property taxes.

All defendants filed answers, generally denying the allegations contained in plaintiffs' causes of action and raising new matter.

The defendants also moved this Court to abstain or dismiss the complaint because: (1) the plaintiffs' first cause of action failed to state a claim upon which relief could be granted; (2) the plaintiffs lacked standing to raise the racial issues contained in the first cause of action; (3) there is no federal right to relief from de facto segregation; (4) the plaintiffs failed to exhaust administrative remedies available under state law and thus should not have access to the federal courts; (5) the plaintiffs failed to join necessary parties-defendant; (6) this Court is without proper jurisdiction to determine the merits of plaintiffs' fourth cause of action; (7) the action was barred by res judicata; (8) in the alternative, this Court should abstain; (9) the plaintiffs' complaint failed to allege any violation of any right, privilege or immunity, protected or guaranteed by the Constitution or laws of the United States; (10) the plaintiffs' complaint failed to allege a constitutionally prohibited state enforced system of racial segregation; (11) the plaintiffs' allegations of economic discrimination did not establish the violation of any right, privilege, or immunity protected by the Constitution or laws of the United States; and (12) plaintiffs' complaint was barred by 28 U.S.C.A. § 1341.

By opinion and order dated May 22, 1973, this Court held that plaintiffs' complaint did state a claim upon which relief could be granted; that the plaintiffs did have the standing to raise the racial issues contained in the first cause of action; that the second cause of action that alleged that the Delaware County Plan of School Reorganization created severe economic imbalance, thus denying plaintiffs' equal educational opportunities, was actionable under 42 U. S.C.A. § 1983; that the fourth cause of action that alleged that the method of school financing employed by defendants with its substantial dependence on local property taxes creating discrimination was actionable under 42 U.S.C.A. § 1983; but that this particular issue should be referred to a three judge federal court; that this court did have jurisdiction over the subject matter of the third cause of action; that all parties necessary had been joined as defendants; and that this was not the proper time to raise the issue of res judicata.

On January 17, 1973, this court entered an order under which the time in which the plaintiffs were required under Local Rule 45 to file a Motion for Class Action Determination was extended for ninety (90) days from the date of this Court's determination on defendants' motions to dismiss plaintiffs' complaint. On February 23, 1973, the plaintiffs filed a motion for determination of class pursuant to said local rule. By memorandum and order dated May 22, 1973, this Court determined that this suit was properly maintainable as a class action under Rule 23(b) (2).

Trial of the plaintiffs' causes of action was held as scheduled on Monday, November 19, 1973, and continued through Tuesday, November 20, 1973. Before and during this trial all parties submitted certain stipulations and exhibits, all of which have been made part of the record. All parties had an opportunity to offer testimony in their behalf. The trial was concluded with the request by this Court for all parties to submit requests for findings of fact and conclusions of law. Additionally, this Court requested that all parties submit memoranda regarding the issue of res judicata. Such memoranda were tendered by all parties. The defendants also submitted requests for findings of fact and conclusions of law on the issue of res judicata as distinguished from the requests for findings and conclusions on the merits of plaintiffs' causes of action.

On April 29, 1974, this Court and all parties agreed that this Court would await the Supreme Court's decision in Milliken v. Bradley before this Court rendered its decision in this case.

On July 25, 1974, the Supreme Court rendered its decision in Milliken, and the parties in the instant case submitted briefs to this Court on the impact of Milliken by September 12, 1974.

On December 11, 1974, this Court issued sua sponte an order giving plaintiffs thirty (30) days to submit a memorandum outlining any additional evidence they desired to present concerning the relative economic and administrative feasibility of alternative reorganization plans to that chosen by Delaware County in 1968, but by letter of January 7, 1975, counsel for plaintiffs advised this court that plaintiffs desired to present no additional evidence and would stand on the record.

On the basis of the record before us, we have reached the findings of fact and conclusions of law set forth below.

FINDINGS OF FACT

Parties.

1. Plaintiffs are: Harry N. Husbands and Sharon E. Husbands, his wife, individually and as parents of their minor child, Tomi R. Husbands; Joan Green, individually and as mother of her minor children, Diana Green and Edgar Green; Vincent R. Bartholf and June C. Bartholf, his wife, individually and as parents of their minor children, Debbie Bartholf, Brenda Bartholf and Dawn Bartholf; Joseph G. Derrickson and Bertha I. Derrickson, his wife, individually and as parents of their minor children Danita Derrickson and Joseph Derrickson; Nelson B. Sabean and Marjorie Sabean, his wife, individually and as parents of their minor children, Mark Sabean and Michele Sabean; Charles Rovane and Irene Rovane, his wife, individually and as parents of their minor children Joan Rovane and Victoria Rovane; Filmore Ott and Carol Ott, his wife, individually and as parents of their minor children, Philip Ott, Joanne Ott, John Ott, Carole Ott, Michael Ott and Patricia Ott; Joseph J. Nolan and Mary E. Nolan, his wife, individually and as parents of their minor children Joseph J. Nolan, Matthew Nolan, Steven Nolan and Andrew Nolan; John E. Fitzgerald and Joanne M. Fitzgerald, his wife, individually and as parents of their minor child, Debra Fitzgerald; David W. Clifton and Florence Clifton, individually and as parents of their minor children, Robert Clifton, James Clifton and Raymond Clifton; Francis Grant and Helen Grant, his wife, individually and as parents of their minor children, Daniel Grant, Paul Grant, Eric Grant, Maureen Grant, Mary Beth Grant and Francis Grant; Donald Hartnett and Virginia Hartnett, his wife, individually and as parents of their minor children, Donald Hartnett and Craig Hartnett; Wilmer Bowers and Jean Bowers, his wife, individually and as parents of their minor child, Donna Bowers; Richard Larkin and Jeanette Larkin, his wife, individually and as parents of their minor children, Richard Larkin, Jr., Michael Larkin and Mary Patricia Larkin.

2. Plaintiffs are duly qualified electors, citizens, taxpayers and parents of school age children who reside within either Administrative Unit 4, 5, or 12, as these units are presently constituted within Delaware County, Pennsylvania. With the exception of the child of named Plaintiffs Harry N. Husbands and Sharon E. Husbands, one child of Vincent R. Bartholf and June C. Bartholf, and the two children of John E. Fitzgerald and Joan M. Fitzgerald, the school age children of the named plaintiffs attend the public schools within the administrative unit in which they reside. The Husbands' child, Tomi, although of the Methodist religion like his parents, attends St. Joseph's Roman Catholic School. The Bartholfs' child, Brenda, who would attend Chester High School if she were enrolled in the Chester-Upland School District, attends Chichester School District High School, where she was enrolled in September, 1972, the first school term after the merger of the City of Chester and Borough of Upland School Districts on July 1, 1972. The two school age Fitzgerald children, who reside in Darby Township, within Administrative Unit 5, attend St. Clement's Roman Catholic School.

3. This case involves questions of law and fact common to all the members of the plaintiff class. Named plaintiffs' claims are typical of the claims of the class and named plaintiffs will fairly and adequately protect the interests of the class.

4. The persons constituting the class of...