United States v. State of Missouri, No. 71 C 555 (1).

CourtUnited States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
Writing for the CourtMEREDITH
Citation388 F. Supp. 1058
PartiesUNITED STATES of America, Plaintiff, v. STATE OF MISSOURI et al., Defendants.
Docket NumberNo. 71 C 555 (1).
Decision Date09 January 1975

388 F. Supp. 1058

UNITED STATES of America, Plaintiff,
v.
STATE OF MISSOURI et al., Defendants.

No. 71 C 555 (1).

United States District Court, E. D. Missouri, E. D.

January 9, 1975.


Donald J. Stohr, U. S. Atty., St. Louis, Mo., David L. Norman and Daniel F. Rinzel, Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff.

Marvin S. Wood, Clayton, Mo., John C. Danforth and D. Brook Bartlett, Jefferson City, Mo.; Norman C. Parker, St. Louis, Mo.; Ziercher, Hocker, Tzinberg, Human and Michenfelder, Albert A. Michenfelder, Jr., and Edward K. Fehlig, Clayton, Mo; Thomas W. Wehrle and David V. Collignon, Clayton, Mo., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MEREDITH, Chief Judge.

On August 27, 1973, this Court entered an opinion and order (363 F.Supp. 739), which held that black students in the Kinloch School District had been unlawfully discriminated against because of their race and directed the State and County defendants to prepare a plan to eliminate such discrimination. Pursuant to this order, a plan was prepared and filed by the State and County boards of education on November 21, 1973, which proposed consolidation of the Kinloch, Berkeley, and Ferguson-Florissant School Districts. A revised version of this plan (hereinafter the Revised Plan) was submitted on November 15, 1974, and updated on December 31, 1974. Alternative desegregation plans have also been submitted by other parties.

388 F. Supp. 1059

The Court, having considered these plans, the evidence presented by the parties concerning these plans, and arguments of counsel, makes the following findings.

Of the plans presented to the Court, the Revised Plan is the least disruptive alternative which is educationally sound, administratively feasible, and which promises to achieve at least the minimum amount of desegregation that is constitutionally required.

This Court's order of October 4, 1974, which directed the State Board of Education to submit the Revised Plan, required that the "busing of students shall be at a minimum." Although some increase over the number of students currently transported in the three affected districts is required under the Revised Plan, this additional transportation is necessary in order to effectively desegregate. No health or safety hazard is presented by this additional transportation. Alternative plans submitted by local school district defendants, insofar as they rely on geographic zoning, will not achieve desegregation.

Defendant Ferguson-Florissant School District offered testimony that in order to effectively operate the desegregated district, as provided under the Revised Plan, a tax rate of $6.03 will be necessary. There was also testimony that the tax rate should be uniform throughout the new district and that there was no reasonable possibility that such a tax levy would be approved by the required two-thirds vote in the aftermath of a desegregation order. The Court accepts this testimony as accurate. Therefore, in order to insure the administrative feasibility of operating the new desegregated district, the Court's order provides for a tax rate of $6.03. The board of the new district will, of course, retain authority to adjust the tax levy in accordance with the provisions of Missouri Law.

The Court has legal authority to order implementation of the Revised Plan.

Milliken v. Bradley, 418 U.S. 717, 94 S.Ct. 3112, 41 L.Ed.2d 1069, 1974, dealt with the question of inter-district relief, but the precise question in that case involved "the validity of a remedy mandating cross-district or inter-district consolidation to remedy a condition of segregation found to exist in only one district." (418 U.S. 744, 94 S.Ct. at 3127) The Court went on to say that "an inter-district remedy might be in order where the racially discriminatory acts of one or more school districts caused racial segregation in an adjacent district, or where district lines have been deliberately drawn on the basis of race." (418 U.S. 745, 94 S.Ct. at 3127) This latter statement accurately describes what the evidence in this case shows and what this Court has previously found, i. e., an arrangement of school districts which has caused substantial segregation and which is both a vestige of the previously imposed dual school system and a continuing effect of racially discriminatory state actions on the part of the defendants in this case.

The Ferguson-Florissant defendants challenge their inclusion in the Revised Plan on the grounds that the Ferguson-Florissant District was not directly involved in the creation of the Kinloch District as an all black district. However, it is significant that the Supreme Court in the Milliken case cited approvingly (418 U.S. 717, 94 S.Ct. 3112) two lower...

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7 practice notes
  • Mo. State Conference of the Nat'l Ass'n for the Advancement of Colored People v. Ferguson-Florissant Sch. Dist., Case No. 4:14 CV 2077 RWS
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • 22 Agosto 2016
    ...discrimination against African Americans in education, housing, and other areas. See Joint Stip. ¶¶ 254-60; United States v. Missouri , 388 F.Supp. 1058 (E.D.Mo.1975), aff'd , 515 F.2d 1365 (8th Cir.1975) ; Gordon Testimony , Trial Tr. vol. 1, 119:17-121:1; PLTF-40, Gordon Rep. , at 16; Tri......
  • Evans v. Buchanan, Civ. A. No. 1816-1822.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 27 Marzo 1975
    ...F.2d 1358 (6th Cir., 1974); Gautreaux v. Chicago Housing Authority, 503 F.2d 930 (7th Cir. 1974); United States v. State of Missouri, 388 F. Supp. 1058 Michigan, unlike Delaware, never required segregation by race in its schools. We conclude, however, that the remedial standards adopted by ......
  • Goldsboro City Bd. of Educ. v. Wayne County Bd. of Educ., No. 83-1735
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 5 Octubre 1984
    ...transfer programs. Lee v. Lee County Board of Education, 639 F.2d 1243, 1260 (5th Cir.1981). We agree. In United States v. Missouri, 388 F.Supp. 1058 (E.D.Mo.1975), aff'd, 515 F.2d 1365 (8th Cir.1975), cert. denied sub. nom. Ferguson Reorganized School District v. United States, 423 U.S. 95......
  • U.S. v. State of Mo., Nos. 75-1051
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 14 Mayo 1975
    ...are reported at 363 F.Supp. 739 (E.D.Mo.1973). The final desegregation plan and orders implementing the same have been reported at 388 F.Supp. 1058 (E.D.Mo.1975). We affirm the general desegregation (annexation) plan with some modification of the maximum school tax rate set by the district ......
  • Request a trial to view additional results
7 cases
  • Mo. State Conference of the Nat'l Ass'n for the Advancement of Colored People v. Ferguson-Florissant Sch. Dist., Case No. 4:14 CV 2077 RWS
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • 22 Agosto 2016
    ...discrimination against African Americans in education, housing, and other areas. See Joint Stip. ¶¶ 254-60; United States v. Missouri , 388 F.Supp. 1058 (E.D.Mo.1975), aff'd , 515 F.2d 1365 (8th Cir.1975) ; Gordon Testimony , Trial Tr. vol. 1, 119:17-121:1; PLTF-40, Gordon Rep. , at 16; Tri......
  • Evans v. Buchanan, Civ. A. No. 1816-1822.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 27 Marzo 1975
    ...F.2d 1358 (6th Cir., 1974); Gautreaux v. Chicago Housing Authority, 503 F.2d 930 (7th Cir. 1974); United States v. State of Missouri, 388 F. Supp. 1058 Michigan, unlike Delaware, never required segregation by race in its schools. We conclude, however, that the remedial standards adopted by ......
  • Goldsboro City Bd. of Educ. v. Wayne County Bd. of Educ., No. 83-1735
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 5 Octubre 1984
    ...transfer programs. Lee v. Lee County Board of Education, 639 F.2d 1243, 1260 (5th Cir.1981). We agree. In United States v. Missouri, 388 F.Supp. 1058 (E.D.Mo.1975), aff'd, 515 F.2d 1365 (8th Cir.1975), cert. denied sub. nom. Ferguson Reorganized School District v. United States, 423 U.S. 95......
  • U.S. v. State of Mo., Nos. 75-1051
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 14 Mayo 1975
    ...are reported at 363 F.Supp. 739 (E.D.Mo.1973). The final desegregation plan and orders implementing the same have been reported at 388 F.Supp. 1058 (E.D.Mo.1975). We affirm the general desegregation (annexation) plan with some modification of the maximum school tax rate set by the district ......
  • Request a trial to view additional results

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