Correspondence from Leventhal to Judge Keady Re: Opinion Awarding Attorney's Fee

     [||a7140cdc-5ffe-43ec-89ec-d6a7c408bc57||] NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 

10 Columbus Circle, New York, N.Y. 10019  JUdson 6-8397 

January 23, 1976 

Honorable William C. Keady 
United States District Judge 
United States District Court 
Northern District of Mississippi 
Post Office Drawer 190 
Greenville, Mississippi 38701 

Re: Norwood v. Harrison 

No. WC 7053-K 
  

Dear Judge Keady: 

Please find enclosed a copy of the opinion 
of a three-judge panel in Louisiana holding 
state aid, comparable to the textbook aid 
litigated in Norwood, unlawful. 

More important, please find enclosed a 
copy of the order entered by that Court award- 
ing plaintiffs! counsel $50. an hour for the 
time he expended in extending Norwood to 

Louisiana 

‘ Gott we) . ; RT ; 

SIL Lado 
NX ¢ Malvyn R. Leventhal 

cc: A..F. Summer, Esq. 

MRL: ja 

encl. 

{1 

Contributions are deductible for U. S. income tax purposes 

 



  

. - ’ . ENN ey se 

Minute Entry ie 2 Hos 8 'Y5 
December 2, 1975 

: IL a 

Heebe, Joe : Wot ECd RPEEED 

. ga 

OLESS BRUMFIELD, CIVIL ACTION" 
et al. : 

RO. 71-1316 
versus 

SECTION B 

WILLIAM J. DODD, 

et al. : (THREE-JUDGE COURT) 

OE LICH AYARDING ATTORNEYS Fl 

This suit was brought to remedy racial discrimination 

in elementary and secondary schools. We have found that the 

state scheme of textbook and school bus aid violates the Four- 

teenth Amendment. 

l. Plaintiffs' attorney, George M. Strickler, Jr., 

has submitted a claim for attorney's fees under 20 U.S.C. 

§ 1617, which provides: 

"Upon the entry of a final order by a court 
of the United States against a local educa- 
tional agency, a state (or any agency there- 

of), or the United States (or any agency 
thereof), for failure to comply with any . 
provision of this chapter or for discrim- 

ination on the basis of race, color, or 
national origin in violation of Title VI of 
the Civil Rights Act of 1964, or the Four- 
teenth Amendment to the Constitution of the 
United States as they pertain to elementary 
and secondary education, the court, in its 
discretion, upon a finding that the proceed- 
ings were necessary to bring about compliance, 
may allow the prevailing party, other than 
the United States, a reasonable attorney's 
fee as part of the costs." 

2. In Northcross v. Board of Education of the City of 

Memphis Schools, 412 U.S. 427, 428 (1973), the Supreme Court 

held that " {t]he iresstil plaintiff should ordinarily 

recover an attorney's fee unless special circumstances would 

render such an award unjust." Defendants argue that "special 

circumstances" exist because Louisiana's aid scheme was 

approved by the Supreme Court in Cochran v. Louisiana State 

Board of Education, 281 U.S. 370 (1930) , but that case did 

not even pur-ort to decide the constitutionality of racial dis- 

crimination. 

rr. 
  

wn TRICDTS e 

 



    

LE See 

Defendants also argue that Louisiana's education 

hierarchy was disrupted by the adoption of a new State Con- 

stitution, effective December 31, 1974. No proof has been 

offered to support this assertion. Louisiana's education 

hierarchy continues to function and as yet defendants have 

made no attempt to end their racially discriminatory conduct. 

We conclude that there are no "special circumstances" in this 

case, rendering an award of attorney's fees unjust. 

3. This case has been pending since 1971. Attorney's 

fees under § 1617 are available for litigation pre-dating, but 

pending, on the effective date of § 1617, i.e., June 23, 1973. 

Bradley v. School Board of Richmond, 416 U.S. 696 (1974). 

4. Mr. Strickler has filed an affidavit indicating 

that he spent a total of 143 hours working on this case. He 

also claims $1,127.79 for expenses incurred in prosecuting 

this action. Our review of ¥r. Styickier's out-of-pocket 

expenses indicates they are reasonable, and we grant them 

in full. | 

5. After a review of Mr. Strickler's affidavit, we 

also believe the 143 hours claimed are reasonable. 

6. Mr. Strickler is'a member of both the Mississippi 

and Louisiana Bars, having been admitted in 1968 and 1970, 

respectively. He has had extensive experience litigating 

civil rights cases, especially ones concerning school desegre- 

gation. In light of this and considering Johnson v. Georgia 

Highway Express, Inc., 489 F.2d 714 (5th Cir. 1974), and 

Barth v. Bayou Candy Co., 379 F.Supp. 1201, 1204 (E.D.La. 

1974), we believe an award of $7,150.00 in attorney's fees, 

Plus expenses incurred of $1,127.79, is appropriate, 

| mdoid dete 
  

! M. Strickler, Jr. 

am PP, Curry, Jr. 

 



is 

3 N Al " TT WY 1h, . PN 2h wd a OR — » 

- rms mer ye 
” “mal and 

3 
“eo 

“wS 

- » = * 

- LAL PRS $A 

1. 

r . FORE 
ARR I 1 

‘ Sn pie EE . . 
“dA AOC aka to -’ f rt A abe J ar rt 

. ht Co. ~ PA i CE $14 Af 4 i C 

. . 4 od - c » 

Ce NOB LIC Sip BLY rd Cl CANE TLge AY - 

WA CI CO a nn ere LEE vl A NP IR Ea < 

LOL 2X0. 40WL NCC 1.8.0 X88 LOSSY Y-ILO wll sun 

edteral ov. 

~e a 

library ..ooks, ‘trans.orcansion, schoo: Subsadcy, 

other + Of aas:itance, or funds for auch 

racially @iscoinmini. uy privete school or to 

Private iscro0l. 

oR SS i IEE Se LE 7 Aer in AR ss te yD fe AL ; 
< Phe cercadcants shall for CRW CO, 20a Chri hard 

SEG Sa A a — - i "AEG SO SI Say : Certilicai.lon proccdure in Order to dotercice hose. i 

~ 9 -y += oy PN Ere ’ A 3 . - yp iy ps TN - PEIVOTO 8C..o048 5. wii 83408 £0 YCOC iV: Sent yim Set en 

SIadnd 
: - Ape Na LT, 
week defoncuni.s 

ate school ‘ip Louisiana which has tin ti 

«rosenily rocciving, ‘stato toxcbeoss, 

OF any other type Of assistance, a copy of. t 

" dey ai . : - id Cortification and Ly Back. nsund Informat: 

hereto as "Exhil \ id) A 
Aude 51] L. he 

L.,. %he dGefeoenaants shall rooguire eac 

nor oach of ain authorised sjdiirtoy 

hival, Who Baca rouned "Coriificatio and 

Cain ‘Can 

aa 

  

rT Le 

IRENE 

vermearecntl 

. 

representative 

Intern 

LXSASPOTIVION 

kad 

ae 

A 
4 

= 

, 
{- 

Ns 

\ 

tor 

wo de CY 

DGI 

va 4 
‘he A 

1c 

li 

er 

-5 

Fy 

te 

aly 

tO 

2 

SCV. oOH), 

ana: tho 

 



  

    

    

® oo 

return it to the State Board ol Llementary and Sccondary Education 

  

within two weccks.   
The defendants shall advise each private school that 

‘ 
the failure to complete this Porm will render the school ineligible! 

| 
to receive statc assistance. 

Cc. As soon as practicable, but no later than seven 

weeks from the entry of this order, the defendants shall determine 

  the eligibility of all private schools to receive state assistance. 

d. The defendants shall promptly notify each private 

school as to whether it is eligible to receive state assistance 
~ | 

and shall concurrently file with the Clerk of this Court and | 

serve upon counsel for the plaintiffs and plaintiff-intervenors 
| 

| 

a report, containing the eligibility determination, the "Certifica- 

tion and Background Information Form" and any other supporting 
} 

: I 

| 

evidence. The report will also contain a list of all private 

schools which were sent the "Certification and Background Informa- 

n = . ; i 

tion Form" and note all private schools which chose not to complete, 

aggrieved by the final administrative decision of the defendants, 

including the parties to the cause as well as .any adversely 

affected private school, may seek judicial review by filing in 

this Court objectiong to the certification of eligibility or denial. 

thereof. 

3. For any private schools which are found to be racially 

  discriminatory by the defendants, or by this Court on challenge, 

and for any private schools which have received aid in the past 

but do not apply for aid under the aforcmentioned procedure, the’ 

defendants and their agents are ordered to .give a complete account- 

ing of all public aid which they have provided to the segregated 

Private schools since Junc 1968. Such an accounting will be filed 

with this Court and -scrved on all parties, and will show, among 

other things, the number and cost of all textbooks, library books, 

school supplies, or other tangible materials which have been pro- | 

vided Lo the private cchool, or its students, at public oxponsc, 

and the dale which such materials were provided. It will also 

 
—
—
—
 

a
—
—
—
 

0 
2 
t
i
t
e
 

tt
 
Bt
 

8 
tr
l 
s
—
—
—
 

—
—
—
—
—
—
—
 

a 
4. 
—
—
—
—
.
 

wo
 
 
—
—
—
 

_
—
—
—
 

—
—
—
—
—
 
—
—
—
—
—
 —
— 
—
—
—
—
 

 



  

  
  

  

give a year-by-year statement of ull wervices, such as transporta- 

tion, which have beon provided, and the value of such services 

and state the basis on which the value of such services was calcu- 

lated. : . 

4. ‘Prom all private schools which are found to be xacially 

discriminatory or found to have received aid in the past put do 

not apply for aid under the aforementioned procedure, the defend- 

ants are ordered to collect, within ten weeks of the entry of this 

order, any and all state-~provided textbooks, library books, SChoOl 

supplies or other tangible materials, in the possession of said 

schools or in the possession of the students attending said school. 

The defendants shall certify to the Court, with copy to counse., 

a list of all ‘such materials returned, the date said materials 

were returned and the name of the school which returned the 

  
| 

materials. Notwithstanding the foregoing, any private school which. 

may challenge the decision of ineligibility by the defendants and 

which has filed a timely request for judicial review in the manner 

hereinablve provided may apply to this Court for an extension of 

the delivery date upon the showing of good cause therefor. 

The Court retains continuing jurisdiction of this cause for 

the purpose of issuing such further and supplemental orders as 

may be necessary to effectuate the intent of the foregoing. 

A 

(al teed DLA LA   

UNITED STATES DISTRICT JUDGE 

» 
¢ 

New Orleans, Louisiana 

Decenboer 2,.3975 

| 

  
  

—
—
—
 

 
—
—
—
—
 

YO 
i —
—
 

 



    

ee 
"EXUIDIT A 

  

LOUISIARA BOARD OF ELEMENTARY AND SECONDARY 

EDUCATION CERTIFICATION AND BACKGROUND 

INFORMATION I'ORM 

This form must be completed and subal toad to Louis J. 

Michot, Louisiana Board of Slehonuiry and Secondary Education 

within two weeks by any private school which wishes to qualify 

for rcceipt of state textbooks, library books and school sup- 

plies unex La.R.5. 17:352 and/or which wishes to qualify its 

students for transportation on public school buses. 

1. NAME OF PRIVATE SCHOOL:   

2... +: BDDRESS (include parish):   

3. "NOME AND TITLE OF OFFICIAL 

COMPLETING FORM: 
  

i
 + GRADES PRESENTLY SERVED BY SCHOOL:   

5. "DATE PRIVATE SCHOOL OPENED FOR. TLE 

FIRST TIME AND GRADES SERVED UPON 

OPENING: 
  

6. DATE ADDITIONAL GRADES WERE ADDED 

(if any): : 
  

7. ENROLLMENT AND FACULTY BY RACE: 

  

: Professional 

Students ; Staff 

White Black White Black   

September 1968 

September 1969 

September 1970 

Scptember 1971 

Scptember 1972 

Septomber 1973 

Scptember 1974 

September 1975 
mers ctr ——————— a——— t— ——————— 

8a. STATE WHETHER STUDENTS ATTENDING 

SCHOOL, ARIZ IDENTIFIED BY RELIGION 

BY SCHOOL RECONLS: 
  

b. 1{ yon, stato tho. raligion 
Catered £0. by the tschool: 
  

 



  

Cc. 

10. 

11, 

12. 

13a. 

14. 

15a. 

  

| ad 
If ves, state the number of alty 

members, by rcligion, cmploye ny 
the school in Scpitembor 1974; 

  

IS THE SCHOOL, PRESENTLY RECOGNIZED 

AS EXEMPT FROM FEDERAL INCOME TAXES? YES NO 

If yes, state the date on which said 

exenption was approved or granted: 
  

DOES TUE SCHOOL MAINTAIN EDUCATIONAL 

STANDARDS ESTARLISDED BY TUE STATE 

DEPARTMENT OF EDUCATION? 
  

ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) 

AVAILABLE AT YOUR SCHOOL? 
  

If yos, state the number of such scholarships offered 
during. the 1872~73 school year to: a) white students 

i and b)-black students:     

ARE SCHOLARSIIIPS AWARDED BY PRIVATE INDIVIDUALS TO 

STUDENTS OF. YOUR SCHOOL? YES NO 

If yes, state the number of studonts by race who Obtained 
such scholarship assistance during the 1972-73, 1973-74, 
and 1974-75 school years. a) black students   

  

  

  

  

b) white students 

VHAT IS THE TUITION OF THE SCHOOL? 

One student in family 

Two students in family 
Three or more 

students in family 

HAS ANY TUITION DUE THE SCHOOL BEEN WAIVED? 

If yes, then state the number of students, by race, 
granted such waiver during the 1972-73, 1973-74, and 

1574-75 school years: a) white students ; 
  

b) black students 
  

IS THE SCHOOL A MEMBER OF THE LOUISIANA INDEPENDENT 

SCHOOL ASSOCIATION (LISA)? 
  

If not, state any other organization the school is a 
member of: 
  

  

ARE ANY BLACK STUDENTS ENROLLED AT" YOUR 

SCHOOL, MEMBERS OF ANY ATHLETIC TEAMS) 

SPONSORED BY YOUR SCHOOL? 
  

DOES ANY ATHLETIC TEAMS) SPONSORED BY 

YOUR SCIIOO0T, COMPETE AGAINST TEAMS FROM 

OPHER SCHOOLS WHICH ARE RACIALLY INTEGRATED? 
  

If yes, state tho names and location of all such schools 
that had integrated teams in the 1972-73, 1973-74, 1974-75 

school ycar: 
  

  

  

  

 



     
  

  

»e | 
| 

3IGa. DOES MRE. SCHOOL, JIAVE A WRITTEN TIRMATYIVE POLICY OF 

ADMITTING STUDENTS "IRRESPECTIVE OP RACE? ied | 

: 
- Pigksnt 

If yes, attach a copy.of that policy ond stato thc dato 
of its adoption by the governing board of the school. 

: | 
bh. las the school publicized this policy in 4 manner that 

is intended to and has bcen reasonably effective in 
bringing it {to the attention of persons Of gtudent age’ 

(and their families) who are of minority groups, 
including all” non-whites? . “If yes, attach 
copies of all notices in all newspapers, brochures, 
catalogues or printed advertisements appearing or 
prepared at the time the school was first opened and 

during the past school year. ; 

  

c. Has any mcamber of the school's governing hoard, adwinis- 
trators or faculity taken any action or made any statoment 

qualifying or negating the school's stated. policy of open 

admissions?   
  

  

17. STATE THE NAMES AND ADDRESSES AND RACE OF THE SCHOOL'Ss: 

a) Incorporators: 

  

  

  

A 
—
]
 
1
 

pp
 
P
r
 

A
 

n
p
 
p
—
—
_
 

Sr 

  

b) Pounders: 

  

e
v
 

T
R
 

SE
 

pr
et
 
w
e
 

  

  

  

c) Board Members: 

  

  

  

rE
 
g
e
 

a 
$n

 
VS
 P
y
 

sa
y 

P
y
 
T
T
 
S
w
 S
w 

S
T
 

T
E
N
T
 

Ty
 

en
 

eh
 

  

et
 

18. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS 

S 

  

  

  

  

WLIO (WITICIH) HAVE CONTRIBUTED LAND OR BUILDING TO THE SCHOOL : 

SINCE JUNE 1968: ;: 
i, 

} 

k 
1 

ars i 

t 
+ 

t 

 



® ® oo 
SPATE WHETHER ANY INDIVIDUAL, CORPORATION OR ORGANIZATION 
LISTED IN ANSWER TO 17 AND 18 HAS ATTEMPTED TO INFLUENCE 
HE SCilOOL TO MAINTAIN RACIALLY SEGREGATED LDUCAT L ONAL 
PROGRAMS SINCE JUNE 1968 

\ 

N 

  
  

  

- 

if yes, ‘state the name of such individual, corporation or 
organization: 
      mapra— 

20. STATE WHETHER ARY INDIVIDUAL, CORPORATION OR ORGANIZATION 

LIS BPED. IR ANSWER TO 17 AND: XZ LAS ATTEMPTED TO INFPLUERCE 

THE SCHOOL 30 INCREASE I'lS ENROLLMENT AND/OR TO LOWER 

ADMISSION STANDARDS TO ACCOMMODATE WHITE STUDENTS LEAVING 

PUBLIC SCHOOLS BECAUSE OF RACIAL INTEGRATION. 

  

If yes, state the name of such individual .corporation, or 

organization. 

  

  

21. STATE WHETHER ANY BOARD MEMBER, OFFICER OR ADMINISTRATOR 
OF THE SCHOOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION 

ESPOUSING OR ADVOCATING WHITE RACIAL SUPREMACY OR 
SUPERIORITY. 

  

If ves, list such. individualis): 

  

  

  

I hereby swear (or affirm), under penalties of perjury, 

that the foregoing information is true and accurate to the 

best of my knowledge, information and belief. - I further under- 

stand that this affidavit is executed as a condition precedent 

tO the State of Loulsiana furnishing textbooks, funds, or other 

material assistance to the above-named private school and/or 

for qualifying students attending the school to ride on public 

school buses, and that full and accurate answers are required 

by order of the United States District Court for the Eastern 

District of Louisiana dated : vr 1975,23in-Civil 

Action No. 71-1316 styled Brumfield, et al. v. Dodd, et al., 

Oh the docket of the court. 

This day of PR rN 

  

    

Ct rr vnny prey . 
~»abiky TO and subscribed 
before me this day 
Of 10%, 

  

Title: 
  

  

  

  

Ra 
A —— ———— 

Lotary Public 

  (Name of School) 

My Commission Expires: 

Te mv re ——— 

(eit) 
  

is 

B
E
 

2 
To

 
Pe
 

r
e
 

rt
 

———
 
a
r
 

LO
 

- 
A
 
G
E
I
L
 

1 
© 
a 
P
g
 
A
 
S
T
T
I
A
T
 

a 
9 

# 
m
e
 

A
A
A
 

E
r
 
T
N
 

Ge
 
p
h
e
r
e
 

L
e
 

ee
 

a
a
a
 

aa
n 

a 
a
 

aa
hi

sa
le

 
g
e
c
k
o
 

  

\ 
l
e
 
a
n
 

I 
Te S
R
E
 

\ 

! 
: 
; [||a7140cdc-5ffe-43ec-89ec-d6a7c408bc57||]