Johnson v. Jackson Parish School Board, 28712.

Decision Date25 March 1970
Docket NumberNo. 28712.,28712.
Citation423 F.2d 1055
PartiesMargaret M. JOHNSON et al., Plaintiffs-Appellants, v. JACKSON PARISH SCHOOL BOARD et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

George M. Strickler, Jr., Collins, Douglas & Elie, New Orleans, La., Richard B. Sobol, Washington, D. C., Jesse Queen, Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for appellants.

Hal R. Henderson, Dist Atty., Second Judicial Dist., Arcadia, La., Fred L. Jackson, Asst. Dist. Atty., Second Judicial Dist., Homer, La., Albin P. Lassiter, Dist. Atty., Fourth Judicial Dist., Monroe, La., John F. Ward, Baton Rouge, La., William H. Baker, Special Counsel, Jonesboro, La., for appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

When this desegregation case was before us on December 9, 1969, we granted appellants' motion for summary reversal of an order of the District Court for the Western District of Louisiana and remanded for compliance with the requirements of Alexander, et al. v. Holmes County, 1969, 396 U.S. 19, 90 S. Ct. 29, 24 L.Ed.2d 19, and the terms, provisions and conditions (including the times specified) in Singleton et al. v. Jackson Municipal Separate School District, 5 Cir. 1969, 419 F.2d 1211, 420 F. 2d 692. The Supreme Court ordered in Alexander "that * * * school districts here involved may no longer operate a dual school system based on race or color, and directed that they begin immediately to operate as unitary school systems within which no person is to be effectively excluded from any school because of race or color." Singleton required that full faculty integration be accomplished by February 1, 1970, but postponed pupil desegration until September, 1970. On January 14, 1970, the Supreme Court reversed Singleton insofar as it deferred student desegregation beyond February 1, 1970, Carter et al. v. West Feliciana Parish et al., 1970, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477. Accordingly, on January 26, 1970, this court, acting on appellants' supplemental petition for rehearing adopted the Carter schedule for student desegregation in this case, 420 F.2d 693. The case is now before us on appellants' motion to clarify or supplement our mandates of December 9, 1969, and January 26, 1970, to specify that the Jackson Parish School Board immediately terminate its system of segregating students by color in classrooms within an "integrated school."

On January 27, 1970, the District Court entered a decree approving a desegregation plan submitted...

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6 cases
  • Bradley v. Milliken, 72-1809-72-1814.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • November 19, 1973
    ...to be unconstitutional. Jackson v. Marvell School District No. 22, 425 F.2d 211, 212 (8th Cir. 1970); Johnson v. Jackson Parish School Board, 423 F.2d 1055 (5th Cir. 1970). The record indicates that in at least one instance Detroit served a suburban school district by contracting with it to......
  • Robinson v. Shelby County Board of Education
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • September 21, 1972
    ...remedies may be. As the Government maintains, continued segregation within Harrold is impermissible. E. g., Johnson v. Jackson Parrish School Board, 423 F.2d 1055 (5th Cir. 1970). However, it is not clear that the District Judge was asked to consider this effect of the transfer of the displ......
  • Cowan v. Bolivar Cnty. Bd. of Educ.
    • United States
    • U.S. District Court — Northern District of Mississippi
    • May 13, 2016
    ...require[ ] the elimination of not only segregated schools, but also segregated classes within the schools." Johnson v. Jackson Parish Sch. Bd. , 423 F.2d 1055, 1056 (5th Cir.1970). Where classes are based on achievement grouping and result in segregation sufficient to raise an inference of ......
  • Boykins v. Fairfield Board of Education
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 7, 1972
    ...officials may not perpetuate a dual educational system by maintaining segregated classes within a single building, Johnson v. Jackson Parish, 5 Cir. 1970, 423 F.2d 1055, nor may they keep the races apart by using separate buildings, see Lemon v. Bossier Parish, 5 Cir. 1971, 446 F.2d 911, no......
  • Request a trial to view additional results

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