United States v. State of La., Civ. A. No. 80-3300.

• Citation: 527 F. Supp. 509
• Decision Date: 30 November 1981
• Docket Number: Civ. A. No. 80-3300.
• Parties: UNITED STATES of America v. STATE OF LOUISIANA.
• Court: United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)

527 F. Supp. 509

UNITED STATES of America v. STATE OF LOUISIANA.

Civ. A. No. 80-3300.

United States District Court, E. D. Louisiana.

September 8, 1981.

Approval November 30, 1981.

Wm. Bradford Reynolds, Asst. U.S. Atty. Gen., Thomas M. Keeling, Nathaniel Douglas, Howard L. Sribnick, Donald M. Lewis, LeVern M. Younger, Jay P. Heubert, Madeline Chun, Harvey L. Handley, III, Michael L. Barrett, U.S. Dept. of Justice, Washington, D. C., John P. Volz, U.S. Atty., Louis J. Volz, III, Asst. U.S. Atty., New Orleans, La., for plaintiff.

Mack E. Barham, Charles F. Thensted, Marie O. Riccio, New Orleans, La., for Louisiana State Board of Regents and its Members.

Martin L. C. Feldman, Robert A. Kutcher, Jan M. Hayden, New Orleans, La., for Board of Trustees for State Colleges and Universities and its Members.

W.S. McKenzie, Nancy C. Tyler, Baton Rouge, La., for Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and its Members.

Kendall Vick, La. Asst. Atty. Gen., New Orleans, La., Charles D. Jones, Benjamin Jones, Monroe, La., for Board of Supervisors of Southern University and Agricultural and Mechanical College and its Members.

Henry N. Brown, Jr., for Bossier Parish School Bd.

Daniel E. Becnel, Jr., Reserve, La., for La. State Bd. of Ed.

Thomas N. Todd, Chicago, Ill., Curtis A. Calloway, Baton Rouge, La., for Grambling State Alumni Assoc.

Before WISDOM, Circuit Judge, and SCHWARTZ and WICKER, District Judge.

Further Articulation of Reasons for Approval November 30, 1981.

ORDER AND REASONS FOR APPROVING ENTRY OF CONSENT DECREE

CHARLES SCHWARTZ, Jr., District Judge.

This cause came on for hearing on this date to determine whether the Court should adopt the consent decree of the parties. Amicus Curiae representing Grambling State University concurs. Amicus Curiae The National Association for the Advancement of Colored People and Dr. Gladys W. Milliner representing herself and the class of faculty members of Southern University in New Orleans have filed memoranda urging the Court to reject the compromise.

It has always been a basic premise of our adversary system of justice that settlements of law suits by agreement of the parties are favored. Further, with respect to discrimination cases, a basic philosophy which has become hornbook law is that voluntary compliance is preferable to court action.

This Court has since April 30, 1980 conducted at least eight lengthy pre-trial conferences with the parties in an effort to prepare the case for an orderly trial and to resolve the issues in dispute. It has had the opportunity to review the pre-trial statements and memoranda of the parties as well as the two amicus curiae filings in opposition to the proposed consent decree. Thus, it is cognizant and knowledgeable of the issues and contentions that pertain to this litigation. Moreover, by reason of representations made to the Court it knows that those persons in an adversary position most familiar with the practices involved, including amicus representing Grambling State University, have spent many long hours in hard negotiations.

The law in this Circuit is that a proposed consent decree in a discrimination case is entitled to a presumption of validity unless the Court finds that it is unlawful, unreasonable, inequitable, or contrary to public policy. United States v. City of Miami, Fla., 614 F.2d 1322 (5 Cir. 1980); United States v. City of Alexandria, 614 F.2d 1358 (5 Cir. 1980); accord: State of North Carolina v. Department of Education, No. 79-217-Civ. (U.S.D.C. North Carolina, Raleigh Division).

Apropos the conclusions we reach herein is the language which we borrow from United States v. City of Miami, supra, p. 1333,

"When the remedy that is jointly proposed is within reasonable bounds and is not illegal, unconstitutional or against public policy, the courts should give it a chance to work."

Although the Court will at a later date further articulate the reasons for its conclusions stated herein, it is of the opinion that it would not be appropriate to further delay the parties from implementing the remedies they propose.

Accordingly since the Court finds that the proposed consent decree is not unlawful, unreasonable, inequitable or contrary to public policy it hereby APPROVES same and orders that it be entered by the Clerk of Court as a judgment of this Court.

FURTHER ARTICULATION OF REASONS FOR APPROVAL

This matter came on for hearing September 8, 1981 to determine whether the Court should adopt the consent decree proposed by the parties. The Court entered an order approving the consent decree on said date, and now sets forth, as promised therein, the further articulation of the reasons for its approval.

This is only the latest of many federal cases to secure minority rights in Louisiana's public system of higher education.¹ Although this action was formally commenced on March 14, 1974,² the consent decree³ may be justly regarded as the culmination of negotiations which have extended over twelve years and which have involved almost every branch of state and federal government, as well as a variety of Amici. The consent decree is itself the product of over a year of hard negotiation, and it embodies a comprehensive desegregation plan which "promises realistically to work." Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 16, 91 S.Ct. 1267, 1276, 28 L.Ed.2d 554 (1971). As we said in our September 8, 1981 order:

When the remedy that is jointly proposed is within reasonable bounds and is not illegal, unconstitutional or against public policy, the courts should give it a chance to work. United States v. City of Miami, 614 F.2d 1322, 1333 (5 Cir. 1980).

Although a trial court ordinarily plays little or no part in overseeing the settlement of a lawsuit, there are certain special situations in which court approval of a proposed settlement is required because important public interests are implicated. United States v. City of Miami, supra at 1330 (and cases therein cited). Consent decrees in discrimination cases require such approval since these cases raise substantial public questions in addition to those which concern the named parties. As noted in our original order, a proposed consent decree in a discrimination case is to be presumed valid by the trial court unless found to be unconstitutional, unlawful, contrary to public policy or unreasonable. United States v. Miami, supra at 1333-1334; Cotton v. Hinton, 559 F.2d 1326 (5 Cir. 1977); see also Armstrong v. Board of School Directors of the City of Milwaukee, 616 F.2d 305 (7 Cir. 1980).

After careful consideration of the contentions of counsel, the record, the law, and the proposed consent decree, the Court determined on September 8, 1981 for reasons therein and hereinafter set out, that the consent decree must be approved.

On March 14, 1974, the Attorney General commenced this action on behalf of the United States pursuant to the provisions of the Fourteenth Amendment to the Constitution of the United States, and Title VI of the Civil Rights Act of 1964, codified as 42 U.S.C. § 2000d et seq.

In its complaint, the United States alleged: first, that the state of Louisiana and its agencies of higher education had established, maintained and were perpetuating an unlawful dual system of higher education based on race;⁴ second, that the defendants were the recipients of substantial federal financial assistance and had agreed to comply with the provisions of Title VI, as well as all the requirements imposed by the regulations of the Department of Health, Education and Welfare issued pursuant to said Title; finally, the United States contended that its continued efforts from January 1969 until the date of the complaint to secure the defendants' voluntary compliance had failed, and that the defendants had steadfastly refused to submit a constitutionally acceptable plan to disestablish the dual system of public higher education. The United States sought injunctive relief, including the formulation and implementation of a detailed desegregation plan whereby the dual system could be promptly and completely dismantled. For their part, the defendants contended⁵ (as they had since first contacted by HEW in 1969)⁶ that the Louisiana School system of higher education was in full compliance with the provisions of Title VI and the Fourteenth Amendment.

Pursuant to 42 U.S.C. §§ 2000d, 2000d-1 and 28 U.S.C. §§ 1345, 2281, and 2284, a Three Judge Court was convened on March 28, 1974 to hear and determine the case.

Although the Court's involvement remained relatively limited between 1974 and the beginning of 1980, during this period the parties were engaged in discovery, the disposition of several overlapping cases and with certain issues of intervention. See, e.g.: United States v. Louisiana, No. 74-3856 (5 Cir. 1976).

On April 30, 1980, at the first of eight pre-trial conferences, the Court suggested that the parties explore the possibility of settling this action, thereby avoiding the substantial commitment of resources that would be necessary to bring the case to trial and through appeal.⁷ The Court reasoned that an early settlement would not only result in a saving of judicial time, but would more importantly, allow the speedy vindication of minority rights. The consensual nature of an approved settlement provides, in comparison with a court order, a much surer foundation for fundamental change, and is much more likely to foster the full acceptance and commitment by all concerned that is necessary for any plan to realize its full potential.

The parties began active settlement negotiations in May of 1980, exchanged a number of settlement proposals, and conducted numerous negotiating sessions. These negotiations intensified in February of 1981, and by August, proposals were being exchanged on an almost daily basis. When accord was ultimately reached, the parties' proposed consent decree was presented and...