United States v. BOARD OF SCH. COM'RS OF CITY OF INDIANAPOLIS, IND., IP 68-C-225.
| Decision Date | 06 December 1973 |
| Docket Number | No. IP 68-C-225.,IP 68-C-225. |
| Parties | UNITED STATES of America, Plaintiff, Donny Brurell Buckley and Alycia Marquese Buckley, by their parent and next friend, Ruby L. Buckley, on behalf of themselves and all Negro school age children residing in the area served by original defendants herein, Intervening Plaintiffs, v. The BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, INDIANA, et al., Defendants, Otis R. Bowen, as Governor of the State of Indiana, et al., Added Defendants, Citizens for Quality Schools, Inc., Intervening Defendant, Coalition for Integrated Education, Amicus Curiae. Hamilton Southeastern Schools, Hamilton County, Indiana, et al., Additional Added Defendants. |
| Court | U.S. District Court — Southern District of Indiana |
COPYRIGHT MATERIAL OMITTED
COPYRIGHT MATERIAL OMITTED
William C. Graves, Brian K. Lansberg, U. S. Justice Dept., for the U.S.
John O. Moss, John P. Ward, Indianapolis, Ind., for intervening plaintiffs.
Lawrence McTurnan, Fred S. White, Indianapolis, Ind., for defendants.
Donald Bogard, Asst. Atty. Gen., Indianapolis, Ind., for Otis R. Bowen, Theodore Sendak, Harold H. Negley, and The Indiana State Bd. of Ed.
Charles W. Hunter, Indianapolis, Ind., for Metropolitan School Dist. of Decatur Township.
William O. Schreckengast, Beech Grove, Ind., for Franklin Township Community School Corp.
Lewis C. Bose, William M. Evans, Indianapolis, Ind., for Metropolitan School Dist. of Lawrence Township, Metropolitan School Dist. of Warren Township, and Metropolitan School Dist. of Wayne Township.
Donald A. Schabel, John R. Carr, Jr., John R. Hammond, Indianapolis, Ind., for Metropolitan School Dist. of Perry Township.
H. William Irwin, Terence L. Eads, Indianapolis, Ind., for Metropolitan School Dist. of Pike Township.
Charles G. Reeder, Ben J. Weaver, Indianapolis, Ind., for Metropolitan School Dist. of Washington Township.
Richard L. Brown, Dale K. Little, Indianapolis, Ind., for School City of Beech Grove.
Richard D. Wagner, Indianapolis, Ind., for School Town of Speedway.
Clifford G. Antcliff, Greenwood, Ind., for Greenwood Community School Corp.
William F. Harvey, Indianapolis, Ind., Frank W. Campbell, Carmel, Ind., for Carmel-Clay Schools and Hamilton Southeastern Schools.
Marshall J. Seidman, Indianapolis, Ind., for Mt. Vernon Community School Corp., Plainfield Community School Corp., Avon Community School Corp., Brownsburg Community School Corp., and Eagle-Union Community School Corp.
Stephen A. Free, Michael J. Tosick, Greenfield, Ind., for Greenfield Community School Corp.
David W. Mernitz, Philip S. Kappes, Indianapolis, Ind., for Mooresville Consolidated School Corp.
Harold E. Hutson, Indianapolis, Ind., for Citizens for Quality Schools, Inc.
Lawrence M. Reuben, Indianapolis, Ind., for Coalition for Integrated Ed.
Kitley, Schreckengast & Davis, Beech Grove, Ind., for Center Grove Community School Corp.
LaGrange & Fredbeck, Franklin, Ind., for Clark-Pleasant Community School Corp.
Williams, Cone & Billings, Greenfield, Ind., for Southern Hancock County Community School Corp.
Brunner, Brown & Brunner, Shelbyville, Ind., for Northwestern Consolidated School Dist.
This is a school desegregation action originally brought by the United States on May 31, 1968, pursuant to Section 407(a) and (b) of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6(a) and (b) against The Board of School Commissioners of Indianapolis, Indiana (hereinafter IPS), the members of the Board, and its appointed Superintendent of Schools.
On August 18, 1971, this Court found and concluded that IPS was guilty of unlawfully segregating the public schools within its boundaries. That decision was unanimously affirmed by the United States Court of Appeals for the Seventh Circuit and review was denied by the Supreme Court of the United States, without dissent. United States v. Board of Sch. Com'rs, Indianapolis, Ind., D.C., 332 F.Supp. 655, aff'd 7 Cir., 474 F.2d 81, cert. den., 413 U.S. 920, 93 S.Ct. 3066, 37 L.Ed.2d 1041 (1973). Such issue is res judicata.
In contemplating a remedy to vindicate the rights of Negro school children, this Court concluded that it could have ordered a massive "fruit basket" scrambling of students within IPS to achieve exact racial balancing. But the Court also concluded that in the long run, given the steadily rising percentage of Negro pupils within IPS, the racial composition of IPS would become nearly all Negro because of an acceleration in the departure of white families with children from IPS. In this connection the Court discussed the "tipping-point" factor — the point at which white exodus from a school unit is accelerated by increase of Negro students beyond a certain variable percent, and noted that the tipping-point/resegregation problem would become insignificant if the boundaries of IPS were enlarged to include all of Marion County and a portion of its contiguous metropolitan region. The Court does not consider its conclusions in this area as res judicata.
In order to provide an appropriate adverse setting for further consideration of the legal and practical appropriateness of a metropolitan plan, the Court ordered the plaintiff United States to secure the joinder of necessary parties and seek further relief to determine the answers to certain questions posed by the Court.
On September 7, 1971, the United States (hereinafter the Government), pursuant to such order, moved to add as parties defendant all school corporations in Marion County, other than IPS. The motion was granted. However, the Government failed to assert any claims or seek any relief against such added defendants. A few days later the Buckley plaintiffs filed their petition to intervene in this action in their own right and as representatives of a class consisting of Negro school age children residing in Marion County, Indiana, who are required to attend segregated schools operated by IPS. The petitioners alleged that their interests and those of the class they represented were not being adequately protected by the original plaintiff, the United States, because the Government had failed to seek relief against the added school defendants. The Court granted the petition to intervene on September 14, 1971.
The Buckley intervening plaintiffs (hereinafter plaintiffs) eventually joined as added defendants Edgar D. Whitcomb (since succeeded by Otis R. Bowen), as Governor of the State of Indiana; Theodore Sendak, as Attorney General of Indiana; John J. Loughlin (since succeeded by Harold H. Negley), as Superintendent of Public Instruction of the State of Indiana; The Indiana State Board of Education, and nineteen school corporations within and without Marion County, Indiana (including the ten in-county corporations joined by the Government), as follows:
The geographical areas served by IPS and added defendants, with the exception of Greenfield, and Union Township of Eagle-Union, are reflected on Figure 1. Also represented thereon, for reasons which will hereafter appear, are territories or parts of territories served by certain other school corporations bordering on Marion County, namely, Clark-Pleasant Community School Corporation (Clark) and Center Grove Community School Corporation (Grove) of Johnson County; Delaware and Fall Creek Townships, a part of Hamilton Southeastern School Corporation of Hamilton County; Sugar Creek Township, a part of Southern Hancock County Community Schools (Hancock) of Hancock County; and Moral Township, a part of Northwestern Consolidated School Corporation of Shelby County (Northwestern) of Shelby County.
The intervening defendant Citizens of Indianapolis for Quality Schools, Inc., is a not-for-profit corporation whose members are parents of children in IPS. Its initial attempt to intervene in this action, in opposition to the original complaint of the Government, was denied by this Court, although the Court permitted it to attend the original trial, present argument, and file a brief amicus curiae. The ruling was appealed and affirmed. United States v. Board of Sch. Com'rs, Indianapolis, Ind., 466 F.2d 573 (7 Cir. 1972). Subsequently, however, intervention was permitted and intervening defendant participated fully in the most recent trial.
Coalition for Integrated Education is an unincorporated association of individuals favoring a metropolitan plan of school desegregation, which filed a petition for leave to appear amicus curiae for the purpose of presenting a...
To continue reading
Request your trial
-
U.S. v. Board of School Com'rs of City of Indianapolis, Indiana
...each Indianapolis elementary school up to approximately 15 percent, which was accomplished. 9 United States v. Board of School Commissioners (Indianapolis II), 368 F.Supp. 1191 (S.D.Ind. 1973). Meanwhile, the Indiana General Assembly was organized in November, 1973 for a session to begin in......
-
U.S. v. Board of School Com'rs of City of Indianapolis, Ind.
...descriptions may be found at 573 F.2d 400 (7th Cir. 1978); 503 F.2d 68 (7th Cir. 1974); and 332 F.Supp. 655 (S.D.Ind.1971).2 368 F.Supp. 1191 (S.D.Ind.1973).3 503 F.2d 68 (7th Cir. 1974).4 541 F.2d 1211 (7th Cir. 1976).5 429 U.S. 1068, 97 S.Ct. 800, 50 L.Ed.2d 786 (1977).6 573 F.2d 400 (7th......
-
U.S. v. Board of School Com'rs of City of Indianapolis, Ind.
...school approaches 25 to 30 percent white flight accelerates, resulting in resegregation. United States v. Board of School Commissioners of City of Indianapolis, Indiana, 368 F.Supp. 1191 (S.D.Ind.1973). The court further found that the State of Indiana, its officials, and agencies by variou......
-
U.S. v. Board of School Com'rs of City of Indianapolis, Ind., s. 75-1730
...promoted segregation within IPS, so that the State had an affirmative duty to assist the IPS Board in desegregating its schools. 368 F.Supp. 1191 (S.D.Ind.1973). We affirmed this holding on appeal. 503 F.2d 68, 80 (7th Cir. 1974), cert. denied, 421 U.S. 929, 95 S.Ct. 1654, 44 L.Ed.2d 86 (19......