Youngblood v. BOARD OF PUBLIC INSTRUCTION OF BAY CTY.
| Citation | 448 F.2d 770 |
| Decision Date | 14 September 1971 |
| Docket Number | No. 71-2263.,71-2263. |
| Parties | Jean Carolyn YOUNGBLOOD et al., Plaintiffs-Appellants, v. BOARD OF PUBLIC INSTRUCTION OF BAY COUNTY, Florida et al., Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Jack Greenberg, Norman J. Chachkin, Drew S. Days, III, New York City, Theodore R. Bowers, Panama City, Fla., for plaintiffs-appellants.
Martin Buckley, Dept. of Justice, Civil Rights Div., Washington, D. C., William H. Stafford, Jr., U. S. Atty., David L. Norman, Acting Asst. Atty. Gen., Brian K. Landsberg, Joseph B. Scott, Attys., U. S. Dept. of Justice, Washington, D. C., for the United States.
Julian Bennett, Panama City, Fla., Logue, Bennett & Williams, Panama City, Fla., for defendants-appellees.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
The District Court, sua sponte, dismissed this school integration case after making a finding that the school system was desegregated and unitary in nature. Plaintiffs-appellants urge on this appeal that the cause should not have been dismissed, but rather should be maintained on the inactive docket for the next three school years, during which time the school district would be required to file status reports on the state of desegregation in the school system. Appellants further ask that the District Court be directed to dismiss the suit at the termination of the three year period only after notice and hearing at which appellants would be permitted an opportunity to show why dismissal of the cause should be further delayed.
It is ordered by the Court:
1. The order of the District Court dismissing this action is vacated, and the cause is remanded to the District Court with directions to reinstate the action, and to retain jurisdiction over the action for a period not less than three school years. During the next three school years the school district shall be required by the court below to file semi-annual reports with the District Court similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, 618-619.
2. At the conclusion of three school years the District Court should again consider whether the cause should be dismissed. In no event, however, shall the District Court dismiss the action without notice to the plaintiffs below and a hearing providing opportunity to plaintiffs-appellants to show cause why dismissal of the cause should be further delayed. See Wright v. Board of Public Instruction of Alachua...
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Spangler v. Pasadena City Bd. of Ed.
...dictum. On appeal the dismissal was vacated and the cause remanded because under the standards enunciated in Youngblood v. Board of Public Instruction, 448 F.2d 770 (5th Cir. 1971), the District Courts of the Fifth Circuit are directed to retain jurisdiction for a period not less than three......
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United States v. Texas Education Agency
...for three years and that the case not be dismissed thereafter without giving notice to plaintiff. Youngblood v. Board of Public Instruction of Bay County, Florida, 5 Cir., 1971, 448 F.2d 770; Wright v. Board of Public Instruction of Alachua County, Florida, 5 Cir., 1971, 445 F.2d 1397. See ......
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Dowell by Dowell v. Board of Educ. of Oklahoma City Public Schools, Independent Dist. No. 89, Oklahoma City, Okl.
...have passed since the 1977 unitariness determination. As the Fifth Circuit so recently reminded us, citing Youngblood v. Board of Pub. Instruction, 448 F.2d 770, 771 (5th Cir.1971), its jurisprudence requires that a district court retain jurisdiction for 3 years after a unitariness determin......
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U.S. v. Lawrence County School Dist., 86-4047
...Dist., 699 F.2d 218, 227 (5th Cir.1983); United States v. State of Texas, 509 F.2d 192 (5th Cir.1975); Youngblood v. Board of Pub. Instruction, 448 F.2d 770 (5th Cir.1971) (per curiam); Steele v. Board of Pub. Instruction, 448 F.2d 767 (5th Cir.1971); Wright v. Board of Pub. Instruction, 44......