McCain v Abel Appendix

    IN THE
UNITED,STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 
No. 72-1373

THOMAS C. McCAIN, et al.,

Plaintiffs-Appellants
v .

C. ASHLEY ABEL, et al..

Defendants-Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF SOUTH CAROLINA

APPENDIX

JACK GREENBERG 
CHARLES STEPHEN RALSTON 
NORMAN CHACHKIN

10 Columbus Circle 
New York, N.Y. 10019

LAUGHLIN MCDONALD 
1611 Crestwood
Columbia, South Carolina 29206

Attorneys for Plaintiffs-Appellants



INDEX

Docket Entries -----------------------------------------------  1
Complaint ----------------------------------------------------- 2

Motion for Preliminary Injunction ------------------------  29
Defendant's Motion to Dismiss -----------------------------  31

Plaintiff's Motion for Production of Documents --------- 33
Defendant's Motion to Stay Discovery --------------------- 35
Order Directing HEW Investigate Allegations and

Report to the C o u r t -------------------------------------- 3 6

Plaintiff's Motion to Permit Service of Supplemental
Pleadings ---------------------------------------------------37

Plaintiff's Motion for Summary Judgment -----------------  40

Defendant's Motion to Drop Party Defendant -------------- 49
Order Dismissing Complaint --------------------------------- 53
Notice of A p p e a l ---------------------------------------------- 59



r,*-

CIVIL BCTION NO. 70-1057 GREENWOOD DIVISION
DATE

L-30-70 
L2-7-70

; 2 ^ m ~ 7 0

2-23-71

PROCEEDINGS j D ata  Order or 
! Ju d g m e n t  Noted

Summons and complaint-Copies to USM for service
Marshal's Return = Summons and Complaint served on George Bell Timmerman, Jr., 
Herman G. Cain, Charles W. Coleman, R. C. Scott, Mott Vann, C.Ashley Abel, 
_Cecil Yonce, Jr., Mark Adams, Virgil Wall, and James Cooper on 12-2-70. 
Defendants motion to dismiss and or strike

JS .5.

2-22-7Q^ Plaintiff motion for production of documents
2-23-7Q<__Defendant motion to stay discovery

Letter from Counsel that they have con ferred and ara unable to
dispose, of-the_Uefendants' Motion under Rule 12 and Mot-ion to stay

Discovers
-24-71 jDefendsnts memorandum InK suPP°rt of motion received -24-71 Plaintiff memorandum in opposition to motion received
2-25-71 I HEAR INC. (DR) Order t g  be presented^
3-8-71“

7 - 1 9 - 7 1

---- . Motion to.rJexiaxt-.-S.er̂ a-oe.. oi TJ,;.pnL^montal-lLLoadLinqs ___9_28-7\ Plaintiff s Motion to Permit Service of Supplemental Pleadings

-29-71

= 1 2 = 2 1

Order(DR) that HEW investigate allegations in this case
“and report to Court
Plaintiff's M otion to Permit Service of Supplemental Pleading s ._______

Letter ^rom Counsel that they have conferred and are unable to
_________Cl£L the issues involved in the Plaintiff's_______________ _

giiLamenLa-__U l e a d  ■

11-29-d'l

_______ settled per telephone call Laughlin McDonald, who is
_____ to submit a__written certificate to this effect._____

Letter from Counsel (L. McDonald) that the Plaintiff's Motion' to
_Permit Service of Supplemental Pleadinqs has been

__  settled.__ ____________PlaintTFFs ' Motion for Summary Judgment "with Affidavit o f
__  _ Laughlin McDonald__ _ ________
Defendants motion to drop party' defendant-George Bell Timmerman, Jr,

L2-6-71 |_Cer t if i c at e_£i n let ter form) that
__unable to dispose of the issues

t r - i T - 7 2 ; e r a & i i f i ^ S r i T & S S

__conferred.and axe
..notion _

e of Service with Affidavits of Vera Gordon,1
j___ __Sheneque Gordon, Joan Senior and Linda Gordon.

!-18-72* Hearing (RFC) on Defts. 1 Motion to Drop Party Deft, and
Mot ion fo

2-24-72'* Order' ( > r__Summary Judgment. M otions taken under advisement. RFC) that this case is dismissed. CC s Counsel
-24-72 | Plaintiff's Notice of Appeal,

JS

L



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U.S.C., and Sections 1983 and 1988 of Tit] 

matter in controversy, exclusive of inter* 

the sum of ten thousand dollars (ipl0,000.(

Class Action Allegations

2. Plaintiffs bring this action in their 

class action pursuant to Rule 23(h) (2) ol 

Civil Procedure. There are common questi* 

affecting the several rights of Negro cit! 

students and their parents, and other Neg: 

field County who are members of a minorit’ 

is suffering from cultural and other dlsal 

historical and present patterns of educat: 

cal discrimination, not to be dlscrlmlnat* 

ministration of the public school system < 

South Carolina. The members of the class 

make it impracticable to bring them all b< 

claims of the plaintiffs are typical of t) 

and a common relief is sought. The inter* 

adequately represented by the named plain' 

opposing the plaintiffs' class have acted 

on grounds generally applicable to the cl< 

appropriate final injunctive and declarat* 

to the class as a whole.

Parties

3 . All of the named, personal plaintiffs 

residents of Edgefield County, South Caro! 

Community Action for Full Citizenship is i 

atlon organized under the laws of the Sta 

whose members are Negro citizens of Edgef: 

hereinafter be referred to as CAFC. Plali 

Bennie Mitchell, Jr., Willie C. Bright an* 

the age of twenty-one, are officers of pi* 

for Full Citizenship and have been named 1 

action Instituted by some of the defendan

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\

* \

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF SOUTH CAROLINA 

(COLUMBIA DIVISION)

THOMAS C . McCAIN, BENNIE \
MITCHELL, JR., WILLIE C. {
BRIGHT and EDWARD SENIOR, )
Individually and on behalf )
and as agents of COMMUNITY \
ACTION FOR FULL CITIZENSHIP 1
OF EDGEFIELD COUNTY, an )
eleemosynary corporation or­
ganized under the laws of )
South Carolina, MARGIE GIBSON, ) 
individually and as mother and ) 
next friend of NATHAN GIBSON a ) 
®^nor, DELORES SIMMONS Individ— ) 
ually and as next friend of )
YVONNE SIMMONS a minor, and 
KEITH MITCHEM, SR., individually ) 
and as next friend of DAVIS )
MITCHEM a minor, for themselves ) 
Jointly and severally and on ) 
behalf of all others similarly ) 
situated, j

PLAINTIFFS,
)v. )

C . ASHLEY ABEL, MARK ADAMS,
VIRGIL WALL, JAMES COOPER, )
CECIL YONCE, JR., MOTT VANN )
and R . C . SCOTT, individually ) 
and as members of the Edgefield ) 
County District School Board of ) 
Trustees, GEORGE BELL TIMMERMAN, ) 
JR., Resident Judge of the )
Eleventh Judicial Circuit of ) 
South Carolina, CHARLES W. )
COLEMAN, Edgefield County Attor- ) 
ney, HERMAN E . CAIN, School )
Administrator of Edgefield )
County, and his and their succes-) 
sors in office, Jointly and )
severally, )

DEFENDANTS.
--------------- ------------_)

MlLLhrx

FfLED
197Q

CIVIL ACTION NO

COMPLAINT
Jurlstlctlon

1. This action arises under the first, thirteenth, and due 

process and equal protection clauses of the fourteenth amend­

ments of the Constitution of the United States and the following 

provisions of the United States Code: Title E2, Section 1983

to redress the deprivation under color of state law. statute, 

ordinance, regulation, custom or usage of rights, privileges 

and immunities secured by the fourteenth amendment of the 

Constitution of the United States. Jurisdiction is conferred 

on this Court by Sections I3E3 (3) (4) and 2201, of Title 28,

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fully appear hereinafter. Plaintiffs Margie Gibson, Delores

iSimmons and Keith Mltchem, Sr., are over the age of twenty-one 
and are the parents respectively of plaintiffs Nathan Gibson,
Yvonne Simmons and Davis Mitchem who are or were students at 

Strom Thurmond High School, Edgefield, South Carolina. 

k. Defendants C. Ashley Abel, Mark Adams, Virgil Wall, James 

Cooper, Cecil Yonce, Jr., Mott Vann and R. C. Scott are resi­

dents of Edgefield County, are over the age of twenty-one and 

are the duly elected, qualified or acting Edgefield County 

District School Board of Trustees and constitute the governing 

body of the Edgefield County Public Schools including Strom Thur­

mond High School. They shall hereinafter be referred to as the 

Trustees. Defendant George Bell Timmerman, Jr., is a resident 

of Batesburg, South Carolina and is the Resident Judge of the 

Eleventh Judicial Circuit of South Carolina. Defendant Charles 

U . Coleman is a resident of Edgefield and is the County Attorney 

for Edgefield County. Defendant Herman E. Cain is a resident of 

Edgefield County and is the School Administrator for the Edge- 

field County District School Board and is the chief executive 

entrusted by the Trustees with the administration of the Edgefield 

County public school system.

Factual Background
5. CAFC was organized by plaintiffs Thomas C. McCain, Bennie 
Mitchell, Willie Bright, Edward Senior and others as an eleemosynary 
corporation to help secure equal civil and other rights for Negroes 
and minority groups principally in Edgefield County, South Car­
olina. The membership of CAFC Includes parents of children attend­
ing the Edgefield County public schools.
6. Upon information and belief in response to decisions of the 

Supreme and other Courts of the United States providing for the 

desegregation of public school systems, and pressure from the 

Department of Health, Education and Welfare, during the winter 

and spring of 1969. the defendant Trustees invited the South 

Carolina School Desegregation Consulting Center to project a 

plan for integrating the county public schools. Under prior



"freedom of choice" plans, less than three percent of the black 

children in Edgefield County ever attended white schools at any 

given time. The Center made four proposals which were rejected 

by the Trustees in part because they would give blacks a major­

ity in every school and utilize as the single County high school 

a formerly all black school. Approximately 6$ percent of the 

school age population in Edgefield County is black, the remain­

ing 35 percent being white,^~Thereafter^ the Trustees"proposed 

the adoption for the school year 1970-71 of the so-called Parker 

Progressive School Plan whereby all school age children would 

be administered standardized tests on April 13-16, 1970— the 

Comprehensive Test of Basic Skills and the California Short Form 

Test of Mental Maturity. Those who tested below their grade level 

in a single subject would be sent to Parker Progressive School, 

containing grades two through twelve, for periods ranging from 

one day to one year or more, until they began to achieve at 

proper levels. The school was described by School Board Chairman 

Ashley Abel as a "hospital where children with learning ailments f 
will be sent until they are well." The plan called for a sim­

ilar assignment of teachers to the Parker School who needed treat­

ment for teaching ailments. ________________________  — j-

7. The Columbia Record. May 6 , 1970, quoted the State Department 

of Education, Research Division as saying that approximately 50 

percent of the black students in Edgefield County were function­

ing at achievement levels from 2^ to years below grade placement.

8. The plaintiffs and other Negro citizens of Edgefield County 

considered the tests about to be administered to be culturally 

and racially biased so that Negro children were not likely to 

score as highly as a group as white children with the result that 

substantial segregation of the races would be the probable re­

sult of the implementation of the Parker plan. Additionally, 

they felt the Parker School was to be a dumping ground for child­

ren labelled "dummies" by the scoring of the standardized tests. 

Blacks of the community felt that efforts were again being made 

to stygmatize them and that such stygmatlzing was the result of

a century of abandonment to poorly equipped and staffed, racially



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segregated schools. Accordingly, CAFC determined to stage a 

boycott of the tests and urged parents and citizens of Edgefield 

County to discourage their children from taking the exams. Black 

student participation in the boycott was startling and nearly 

unanimous. Eighty-one percent of the black children in the 

county refused to take the exams. Shortly before the school term 

ended, the Trustees made another effort at testing all students. 

The second time, a similar boycott was 60 percent effective.

9. \Upon information and belief as a result of these efforts of 

CAFC and others, the Parker plan was abandoned by the Trustees. 

The plan in effect as of the September 1970 opening of school in 

Edgefield County called for all students in grades ten through 

twelve to attend Strom Thurmond High School, which prior to 

September 1970 was a substantially all white school, and all 

students in grades seven to nine attend Parker School.

10. After the desegregation of schools in Edgefield County, 

plaintiff McCain, on his own behalf and on behalf of other Negro 

citizens, wrote a letter to defendant Abel dated September 7. 

1970, asking that the use of the Confederate Flag at Strom Thur­

mond High School football games be discontinued, giving as his 

reason the fact that black children were being "dehumanized with 

such demonstration." Exhibit A. Some of the plaintiffs had met 

previously with some of the defendants to discuss the use of the 

Confederate Flag at Strom Thurmond High School athletic events, 

requesting that it no longer be used and informing the defendants 

that such use was an invitation and incitement to "trouble" at 

the school, especially to black citizens to whom the Confederate 

Flag is a badge and indicia of slavery, white racism and second 

class citizenship for Negroes.

11. Notwithstanding the requests of plaintiffs, the Confederate 

Flag was used and continues to be used at athletic events at 

Strom Thurmond High School.

12. Additionally, the song "Dixie" has been played and sung and 

continues to be played and sung at athletic contests at Strom 

Thurmond High School, and the school still retains the Hebei as 

its mascot as well as /the name given to it when it was a racially

' - 4 -



segregated, all white facility after Strom Thurmond (Republican 

Senator from South Carolina) who upon information and belief is 

opposed to the desegregation of the races in the public schools 

of Edgefield County and the United States, all of which practices, 

customs and uses are regarded by the plaintiffs as an effort to 

retain the identity of the county high school as a "white" school, 

and as badges and indicia of slavery and second class citizen­

ship of Negroes, and about which they have complained to de­

fendants requesting that they be discontinued and abandoned.

None of these requests have been acceded to by the defendants.

13. On approximately September 15, 1970, .all or nearly all of 

the Negro members of the Strom Thurmond High School football team 

and some of the Negro members of the band and cheerleader squad 

(approximately 1/3) boycotted their respective activities in 

protest over the use of the Confederate Flag, the song "Dixie" 

and the Rebel as mascot at football games.

14. On or about the 9th of October, 1970, approximately 75 Negro 

students staged a peaceful walk-out at Strom Thurmond High School 

in protest of those practices set put in paragraphs eleven and 

twelve herein.

15. On October 12, 1970. plaintiffs CAFC, McCain, Mitchell,

Bright and Senior were served with a Restraining Order Issued

ex parte. and a Summons and Complaint in a civil action commenced 

against them and prosecuted by defendant Trustees, a copy of which 

is attached hereto as Exhibit B. These plaintiffs mailed their 

answer for filing on October 30, 1970, a copy of which is 

attached hereto as Exhibit C. By the terms of the Restraining 

Order, these plaintiffs are enjoined from picketing or striking 

the public schools of Edgefield County, and "from gathering or 

congregating within the vicinity of the said Schools" and from 

"making written or verbal threats ... against any persons em­

ployed by the public schools ... or any pupils attending the 

said schools." Exhibit B, p. 1-2. Upon information and belief, 

the letter by plaintiff McCain, attached hereto as Exhibit A, 

was and is regarded by defendants as a "threat" and an "unreason­

able demand" and forms part of the basis of the action against



Although theyplaintiffs maintained by the defendants herein, 

have requested that the Restraining Order be dismissed, the 

plaintiffs are still enjoined and have not been granted a hear­

ing In connection with any of the proceedings against them.

Causes of Action

16. The acts of defendant Trustees and defendant Cain In (a) 

retaining and using the Confederate Flag as a school flag and 

displaying or causing or allowing It to be displayed at athletic 

and other events at Strom Thurmond High School, (b) retaining 

and using the song ''Dixie'' as a school song and causing or allow­

ing it to be played and sung at athletic contests and other events 

at Strom Thurmond High School, (c) retaining and using the Hebei 

as school mascot, and (d) retaining and using the name Strom 

Thurmond High School after Strom Thurmond (Republican Senator 

from South Carolina), which customs, practices and usages are 

strong in association with Negro slavery, white racism, and 

opposition to laws of the United States providing for the equal 

treatment and opportunity for Negroes and other minority groups, 

are relics, badges and Indicia of slavery, each and all of them, 

and are in violation of the thirteenth and the equal protection 

clause of the fourteenth amendments of the Constitution of the 
United States.

17. Plaintiffs re-allege paragraphs one through sixteen in­

clusive, and in their entirety. The customs, practices and usages 

of the defendants complained of are an effort by them to retain 

the identity of the county high school as a "white" school in 

violation of the thirteenth and equal protection clause of the 

fourteenth amendments of the Constitution of the United States.

18. Plaintiffs re-allege paragraphs one through seventeen in­

clusive, and in their entirety. The institution and prosecution 

by some of the defendants of a civil action against plaintiffs 

CAFC and the officers thereof, was in the nature of retribution 

and retaliation against them for the role they played in the de­

feat of the Parker Progressive School plan and is part of a 

pattern and practice of harassment of plaintiffs and their class 

by defendants. The said action and Restraining Order have had



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and continue to have a chilling effect on the exercise by plain­

tiffs and their class of the rights of free speech and associa­

tion In violation of the first amendment of the Constitution 

of the United States. The plaintiffs have been and are being 

Irreparably damaged and Injured by the unlawful action of the 
defendants.

19- Plaintiffs re-allege paragraphs one through eighteen in­

clusive, and In their entirety. The Restraining Order Issued 

against some of the plaintiffs by some of the defendants Is 

vague, uncertain and overbroad and the procedures for resisting 

the Injunction are Inadequate so as to deprive plaintiffs of 

their rights under the first and due process clause of the 

fourteenth amendments of the Constitution of the United States.

20. Plaintiffs re-allege paragraphs one through nineteen in­

clusive, and In their entirety. The Restraining Order Issued 

ex parte Is a prior restraint on free speech and association 

in violation of the first amendment of the Constitution of the 
United States.

21. Plaintiffs re-allege paragraphs one through twenty inclu­

sive, and in their entirety. The Restraining Order not being 

founded upon written findings of fact and conclusions of law 

and not giving any reasons for Its issuance Is In violation of 

the due process clause of the fourteenth and the first amend­

ments of the Constitution of the United States.

22. Plaintiffs re-allege paragraphs one through twenty-one In­

clusive, and in their entirety. The Restraining Order Issued 

pursuant to a Complaint and an affidavit without oral argument 

where no reason existed for not giving plaintiffs notice and

an opportunity to be heard, deprived them of the rights to con­

front witnesses, to cross-examine, to have compulsory process 

and to have a hearing In violation of the fifth, sixth and due 

process clause of the fourteenth amendments of the Constitution 
of the United States.,

23. There is between the parties an actual controversy as herein 

set forth. The plaintiffs and others similarly situated and 

affected on whose behalf this suit Is brought are suffering Ir­

reparable Injury and are threatened with Irreparable Injury In

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" "  rUtU’■, by " * * ” ■ °f « “  * « »  * * ■ « »  co.pl.l„«, of, th., 
no plain, .d.,„.« „  co.pl.te „ „ „ „  t„ redress ^  ^  ^

unlawful herein co.pl.,M d  of, other than thla aotlon for

a declaration of „ d  m o t i o n ,  any 0,h.r r.„ed, to

«h,ch plaintiffs thoee sl.ll.rl, sitn.ted ooul4 be re.ltt.d 

would be attended by such uncertainties and delays as to deny 

substantial relief, would Involve multiplicity of suits, cause 

further Irreparable Injury, damage and Inconvenience to the 
Plaintiffs and those similarly situated.

WHEREFORE, plaintiffs respectfully pray that this Court take 

Jurisdiction of this case, that It Issue a preliminary Injunction 

to be made permanent later against all named defendants, their 

officers, agents, servants, employees, or attorneys and those 

in active concert or participation with them, decree and declare 

the rights and legal relations of the parties hereto in order 

that such declaration shall have the force and effect of a 

final Judgment or decree; and plaintiffs further pray that the 

Court enter a Judgment or decree declaring the following prac­

tices, policies, customs or usages of the defendants, their of­

ficers. agents, servants, employees or attorneys and those per­

sons in active concert or participation with them, to be In 

violation of the laws and Constitution of the United States as 

aforesaid and to temporarily and permanently enjoin them from:
(a) retaining and using the Rebel as a school mascot;

(b) playing or singing or causing to be played or sung the song

Dixie" at athletic and other events at Strom Thurmond High
School;

(c) retaining and using the Confederate Flag at athletic and 

other events at Strom Thurmond High School;

ld> retainlnS and using the name Strom Thurmond for the Edgefield 
County High School; and

(e) harassing and Intimidating the plaintiffs and depriving 

them and their class of their rights of free speech and associa­

tion by Instituting and prosecuting law suits against them whose 

purpose is to deprive them of such rights and discourage them

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from taking an active part In the conduct of the affairs of 

Edgefield County, Induing the public school system.

ounaolt
Jack xt>car% 
laraatt J ,  ~y~**>**»
•iarla* H i n a  R a la tta  

W Colm bm  lrcU
mt o  2oy>

r»w Yoaic, flow York 1 >03$

Respectfully submitted.

/s/ Laughlln McDonald

Laughlin McDonald 
6^00 Sylvan Drive 
Columbia, South CarolinaUUAUlUUltt, DUUll
(803) 782-223?



I 1

STATE OF SOUTH CAROLINA )
) IN THE COURT OF COMMON PLEAS 

COUNTY OF EDGEFIELD )

C. ASHLEY ABEL, MARK ADAMS,
VIRGIL V.'ALL, JAMES COOPER,
CECIL YONCE, JR., MOTT VANN 
end R. C. SCOTT, constituting 
tho Edgefield County District 
School Board of Trustees,

Plaintiffs,
- vs -

COMMUNITY ACTION FOR FULL 
CITIZENSHIP OF EDGEFIELD 
COUNTY and THOMAS'C. McCAIN,. , 
BENNIE MITCHELL, JR., WILLIE 
C. BRIGHT and EDWARD SENIOR, 
individually, and as agents of 
said eleemosynary corporation, 
and John Doe and Richard Roe, 
fictitious names employed to 
designate porsons unknown to the \ 
Plaintiffs who aro acting in 
concert with tho named Defendants,)

)
Defendants. \

This causo came on before me today on Plaintiffs1 complaint 

and Affidavit of Herman E. Cain, Administrator of the Public 

Schools of Edgefield County, and the1 Court having considered 
those pleadings and it appearing that a Temporary Restraining • 
Order should bo granted, now therefore, on motion of Charles 
W. Coleman, attomoy for Plaintiffs, it is hereby

ORDERED, ADJUDGED, AND DECREED, that tho Defendants and 

each of them, their agents and servants, employees and those 
acting under tho direction and control, and in conjunction and

,)
)
)
)
)
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)
)
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-j RESTRAINING ORDER

)
)
)

concert with them, aro heroby enjoined and restrained until
further ordor of this Court/Striking or picketing any and all 
facilities of the public schools of Edgefield County which are 
located in Edgefield County, South Carolina; and from gathering 
or congregating within tho vicinity of tho shid schools and 
specifically on any of the campusos of the said schools, and 

from harassing and disturbing persons in tho employ of the

>*•/
r > I ' > /• -/LJ It 

lt

Sdiibit 3



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Edgofiold Public Schools and from making written or verbal 

throats, acts of coercion or acts of intimidation against any 

persons employed by the public schools of Edgofiold County, or 

any pupils attending the said schools of Edgefield County, or 

persons about to attend the public schools of Edgefield County 
and from otherwise intorforing with the functioning of the 
public schools of Edgefield County.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 

Order may be enforcod by any peace officer having jurisdiction 
and authority within Edgofield County.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 
Sheriff of Edgefield County, South Carolina, shall forthwith 

serve upon each of the Defendants heroinabove named, copies of 

tho Temporary Restraining Order and of tho said Summons and 

Complaint and Affidavit upon which the Temporary Restraining 
Order has been applied for and grantod.

Lexington, S. C. 

October }Q . ©70 Ooorge Dell Timmerman, Jr. 
Resident Judgo Eleventh Judicial 
Circuit

s



IIl!

|i STATE OF SOUTH CAROLINA ) 
i! )
COUNTY OF EDGEFIELD ) IN THE COURT OF COMMON PLEAS

i C. ASHLEY ABEL, MARK ADAMS,
| VIRGIL WALL, JAMES COOPER,
|| CECIL YONCE, JR., MOTT VANN 
jj and R. C. SCOTT, constituting 
the Edgefield County District 
School Board of Trustees,

Plaintiffs,
- vs -

COMMUNITY ACTION FOR FULL 
CITIZENSHIP OF EDGEFIELD 
COUNTY and THOMAS'C. McCAIN, 
BENNIE MITCHELL, JR., WILLIE 
C. BRIGHT and EDV/ARD SENIOR,

1 individually, and as agents of 
said eleemosynary corporation, 
and John Doe and Richard Roe, 
fictitious names employed to j designate persons unknown to tho 
Plaintiffs who aro acting in 

[j concert with the named Defendants

Defendants.

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) S U M M O N S  
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» )
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TO THE DEFENDANTS ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint 
in this action, of which a copy is herewith sorved upon you, and 

|| to servo a copy of your answer to said Complaint on tho sub- 
|j scriber at his office, 201 Buncombe Street, Edgefield, S. C. 

ijwithin TWENTY (20) DAYS after tho servico hereof, oxclusivo of 

jj ';hc d=y of such service; and if you fail to answer the Complaint
j j within the time aforesaid, tho Plaintiff in this action will
i!
jj apply to the Court for the rolief demanded in this Complaint.

j |

j, Edgefield, S. C. 

October 9, 1970

CHARLES W. COLLTIAN 

Attorney for Plaintiff:



j | STATS OF SOUTH CAROLINA )
COUNTY OF EDGEFIELD . ) IN TIIE COURT OF COLSON PLEAS

C. ASHLEY ABEL, MARK ADAMS, 
VIRGIL WALL, JAMES COOPER, 
CECIL YONCE, JR., MOTT VANN 
and ;<• C. SCOTT, constituting 
t'nc Edgefield County District 
School Board of Trustees,

Plaintiffs,
tl - vs -
COMMUNITY ACTION FOR FULL 
CITIZENSHIP OF EDGEFIELD 
COUNTY and THOMAS'C. KeCAIN, • 
BENNIE MITCHELL, JR., WILLIE 
C. BRIGHT and EDWARD SENIOR, 
Individually and as agents of 
said eleemosynary Corporation, 
and John Doo and Richard Roe, 
iictitious names employed to 
designate persons unknown to the 
Plaintiff who aro acting in 
concert with tho named Defendants

Defendants.

:)
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C O M P L A I N T

Tiie Plaintiffs, above named, complaining of tho Defendants 
above named, allege:

1. That C. Ashley Abel, Marks Adams, Virgil Wall, James 
cooper, Cecil Yonco, Jr., Mott Vann and R. C. Scott are the duly 
CiC-ctea, qualified and acting Edgofield County District School

a Oi Trustees and constitute the governing body of tho 

~dgoiioid County Public Schools, and shall hereafter bo referred 
to as the Trustoos.

2. That tho Community Action for Full Citizenship of.
SdgOiiej.d County is an eleemosynary corporation organized and

!j oxisiinS undcr tho laws of tho State of South Carolina, and that j 
* Edw“ d Senior, Willie Bright, Bennie Mitchell aro citizens and ! 
j; re3idcnts of Edgefield County, South.Carolina, and that the 
resiucnco of Tnofr.as C. McCain is unknown.

3. The Trustees of Edgefield County School District are 
charged with the responsibility of managing and controlling

i



_ oc- —

all aspects of the public education pro3ram in the District, 

and iurther, to employ such personnel as it deems neccssary’to

E "U 1 I U  th° l0Sal fURCti°n t:i0ro^ ;  ««* further, annually to 
j! "°tCrmlnC thC nCC0SSary aili^  to be levied by the Auditor 

r  C°liCCt0d ^  th° r the County to provide for
I tl10 SCn°01 bUdSOt’ and fUrth°r, to issue bonds and determinei; ̂  r< ____ .
|j tha “ “ SS~ y *“  lcv>' *• M o t  bond obligations.

I 4 ‘ a “ P1“ "U f r  ostabiished for tho purpose of
1 ^  I’r'>Vldi“E t«- the young i„
County. It. school „  locotod in tho Towns of f ro n to n .Johnston 

|| and E d s c f io ld .

l! ’ • th° “ “  “ »••»* »fo~tod by tho Trustees have «

j V45“ rt)r °f <,PK'“ 1"d,ely r« t r - « v .  hundred («0O) students

f“ * “ “  0=0) tenehers, and ineludos
|s.udcnt, on four different can,puses in Edgefield County, which 
, requires Ereat detail care and attention.

ii ** in °-'t e  « « « * ■  »or the functioning of said
^schools in Edgefield County, tho bound of Trustee, has employed

f “ ”“ b0r °f b°th f-oCddsionel and non-professional people

C " ‘h ° !/C'rC"3“ tS “ * • » « “  in any enpnoity by tho
- ̂ ainvirr herein*

F°r “ PC1’i0d 6f Wany wcck“ the Defendant, individually 
t** "  3 COrP°r9ti°.n ’ haV° attempted to obtain recOSnition as ’

rfc?rCSCatatiV0 °f th° N°Sr° population in Edscfiold County 
■and sousnt to roquirc_and make unreasonable demands upon the
Plaintiff.

E. That upon tho refusal on tho part of tho Plaintiff to
.-ocognito tho Defendants ns tho representatives of tho hV-ro

population and enter into an ag.-ocnont with the said Defendant

bargaining agent, on information and belief the „ „ e d  Dofcndon
-vn-pired to picket and otherwise harass the Plaintiff and to

-apaer the proper functioning of tho efore.nid schools in Edge- 
--aid County.

-<»
V



I

b. '-mat on information and belief at the instigation of 

-he above named Defendants, a large number of persons, including 
i.iUucnts attending the public schools of Edgefield County and 

others acting in concert with them, congregated in the vicinity 
of Strom Thurmond High School on October 9, 1970, and began 

picketing in the vicinity of the said premises and began by 

the use of tlircats, cursing, obscenities, acts of intimidation 
and acts of violence to prevent persons from entering and 

leaving the said school, with tho result that the proper function 
-■•o the said school was, curtailed and that the safety of the j 
.students and "teachers was in danger.

1 0. That the Defendants’ activities in attempting to re­
quire the Trustees to recognize the Defendants as the bargaining 
agent and representative of the Negro people of Edgefield Countyj 
and unless enjoined, will seriously curtail and prevent tho 
functioning of the schools of Edgefield County find will also 
e-.aa.igcr the lives and well are of its teachers and pupils.

11. That the Plaintiff has no adequate remedy at law to 
protect itself against tho unlawful acts of the Defendants 

herein set forth, except that they bo Restrained from picketing j 

.siy and all the facilities of the public schools of Edgefield | 
County and from gathering or congregating in the vicinity of

-c.ioo-.. of ndgcficld County, and from harassing and dis­

turbing persons in the employ of the public schools of Edgefield1 

County or anyone attending the public schools of Edgefield 

County; from staking written or verbal threats, acts of coercion 
i.r.d act.; of intimidation against persons in the employ of thclii 
puoiic schools of Edgefield County or pupils attending the 
pus!ic schools of Edgefield County, and from otherwise intcr- 
ferring with the functioning of the said public schools of 
Edgefield County.

WHEREEOSiE, Plaintiff prays:

(a) That this Honorable Court do issue its Order
enjoing and restraining the Defendants in the premi;......

-17-
I



-  4  -

hitxt it have, such o;hor and further* relief 
as this Court may deem Just and equitable.

XIIA^ES W. C0LZ.-1AN

y

Attorney for Plaintiff

l

'19



ij
l! ' = .
ii
i!
ij STATE OF SOUTH CAROLINA • )s
| COUNTY OF EDGEFIELD ) .

Personally comes C. Ashloy Abel, Chairman of tho 

j| EdS^iold County District School Board of Trustees, who on oath 
|j d c p o s c s  a n d  s a y s  h e  has read tho foregoing Complaint and
I thG contonts thereof are true of his own knowledge and belief, 
jj except as to those matters stated on information and belief,
|! and as to thoso ho. belioves them to be true.

c fi.i.
c. Ashley Abel

(L.S.)

I
I
I
i
l



STATE OF SOUTH CAROLINA 

COUNTY OF EDGEFIELD IN THE COURT QF COMMON FLEAS

C. ASHLEY ABEL, MARK ADAMS, 
j VIRGIL WALL, JAMES COOPER,
| CECIL YONCE, JR., MOTT VANN 
* and R. C. SCOTT, constituting 
j tlic Edgefield County District 
School Board of Trustcos,

Plaintiffs,
- vs -

COMMUNITY ACTION FOR FULL 
CITIZENSHIP OF EDGEFIELD 
COUNTY and THOMAS C. McCAIN,
BENNIE MITCHELL,JR., WILLIE. ,
C. BRIGHT and EDWARD SENIOR, 
individually and as agents of 
said eleemosynary corporation, 
and John Doc and Richard Roe, 
fictitious names employed to 
designate persons unlcnown to the 
Plaintiff who aro acting in ,
concert with the named Defendants, ^

A F F I D A V I T

Defondants. )

Personally appearod Herman E. Cain, who being duly sworn 
deposes and says: That deponent is the School Administrator
for tho Edgefield County District School Board and is the Chief

I
Executive in whom has been entrusted by the Board of Trustees 

of tho Edgefield District School Board of Trustees tho proper 

functioning of tho Edgofiold County public school system and 
and all its facilities located in Edgefield County, South Carolir 

The Edgefield County Public Schools are located in tho 
Towns of Trenton, Johnston, and Edgefield, and that as such 

havo five separate campuses, with approximately forty-five 

hundrod (4500) students and employing ovor one huridrod fifty 
(150) individuals, and that many of the studonts oro of very 
tondor ago.

Prior to October 9, 1970, the Community Action for Full 
Citizenship of Edgofiold County and Edward Senior, Willie C. 

Bright, Bonnie Mitcholl, and Thomas C. McCain bogan to make

a.

n___ _________
- a o  -



- A l -



Y\r/r

IIi COUTiT CF CCSiO3  P K X 3

C iv i l  Ho.

/ * w‘ »*. JL ..UL/ '
c i : : . i  w.d tho: las c .  Lcoae; ,
tS •••:r5 ‘̂ CiPJX, J3., W1L.I.E
c .  and ':rr.‘v;o 3 :u<n,
inrUvif’i'.ilTy, and no amenta of
c-'.id olccnocynary corporation,
aa .l Joan boo and dlcV.rd i:oo, 
fictitious names cnplcycd to dosi-siate 
peroono urhnown to tho Plaintiffs 
xfio arc acting in concert with 
tho cased Defendants,

Defendants.

A ftff-m  TO COHPT.Ain?

Defendants by counsel nnsaor tho complaint heroin end state.

1. Defendants atelt tho allocations contained in paragraph 1 except 

tiaat upon information and belief plaintiff ihrk Adana has never been 

elected to the Edcofiold County District School hoard of Txusteos.

2. Defendants adroit tho allocations contained in ParaGraph 2 but 

dory that the residence o f  defendant Thames C. KeCoin is unlnoun 

end show that ' e is a citizen and resident of Sdjaficld County,
South Carolina.

3* r'cfcnd-int8 tho alio cat icna contained in paracrapha 3,
5 and 6.

h. Defendants adnit tin allocations contained in paragraph 7 but 

tnoy dory that they have attempted to obtain rococnitioa as -tho"

infu., CP SOUTH CAROLINA) 

cgj;;:y  op rrmi’i ,ld \

?•. A3DX, iltUK ADAII3.
J-VZV COupri, 

c o il  j t . ,  ixriv VAiiii 
and ;1. C. b'CGTT, constituting 
tno njc’-field County District 
School board of Trustees,

Plaintiffs,
v.

c.: "urrirr ac fie ri pet pullr 'T-' • :-ft . .......

Exhibit C

-2.1 -



rcprcso.itativo of Kcgroos la Edgefield County end deny that t!i& a u ; 

to ronilro and nako unreasonable demands upon tho plaintiffs.

5. Defendants deny eac’_. and every allocation of paragraphs 0, 9, 10 
and U  (dec attached affidavit of defendant Thomas C. HeCain).
6. Defendants allcgo additionally tint tho plaintiffs have insti- 

tutod this action for the purpose of harassing and intimidating then 

and tho class they reprosont, i.'ogroos of Kdgsfiold County yho seek

to liavo a voice and influoneo in tho community and in tho a&iniatrirg 

of t:» public school a/stca, and that tho filing of tho co-plaint and 

tho issuance of tho restraining ordor herein vero intended to have, 

luavo had end continue to have a chilling effect upon tho onurcisa by 

defendants and their class of first ancalienb rights, including tha 

ri.its of froo sooach and association. Upon information and belief 

tho plaintiffs and each of then have conspired to deprivo defendants 

ar.d their class of thair constitutional and other rights, particularly 

ti.eir rigits to bo not discriranatcd aglet in pf lie education, by 

_ttui..p*ing to rclcvo segregation of the races in public education 

throug h uso of tho Parker Progroosivo School in Edgofiold County, 

t’rat this effort failed duo In soso r.aac-xo to tho opposition of de­

fendants and that the present action io in tho naturo of retaliation 

and retribution against then for such opposition. Defendants allsgo 

t:..-t the suit heroin io part of a pattern and practice of ciscrlmi- 

r'.tica against then and their class, cono of Nhen aro parents of child. 

r.sv attending tho Edgefield County public schools, and that ouch pate, 

turns practice includes but is not liaised toi n. the playing of ‘'Idsic'1 

at football ganos and other school functions, vhich song is strong In 

association Tilth I.'ogro clnvcry and uhitc racism, b. tho use of ths 

* — as school ®ascot, a symbol of opposition to lays of the Unitad 

- .te„ providing for equal tro t.. ui end opportunity for Eagrecs ;rai 

° nto0*’ity orcups, c. tho uso of the Confederate flag as tie* school 

fi'g of 3trca Thuwond High School, d. the retention and uso of tho



nano "Strcra Thurmond High School" after Senator Stress Thurmond, "o- 

public-tn froa South Carolina, who upon information end belief has 

been and is opposed to tho desegregation of tho public schools of 

Edgofiold County, South Carolina and tho United Stato3, and o. tho 

writing of inflaznstory and provoking letter a to tho Edgefield County 

newspaper concerning tho public school system tending to divide tho 

camunity along racial and other linos. Tho practices complained of 

aro badge3 of slavery and indicia of second class oitisenship of Negroes 

in Edgefield County. Defendants havo been and aro being irreparably 

injured and damaged by tho actions of tho plaintiffs in violation of 

tho first, thirteenth and fourteenth anendnonts of tlio Constitution 

end lavra of tho United States providing for equal protoction, treat­

ment end opportunity for Negroes.

7. Tho complaint doc 3 not state facts sufficient to constitute a cauco 

of action in that such complaint alio go3 only the performance by do— 

fendant3 of constitutionally protected activity, l.c. picketing, making 

demands, speaking, associating end related first amcndnrmt sattors*

la addition tho complaint reprocents an abuse of legal process by 

plaintiffs in that its purposo is to intinidato defondants and their 

class and cTotor them from the excrciso of their constitutional and 

other rights.

8. The complaint heroin is eo indofinato and uncertain that tho pre­

cise naturo of tho cliorgo is not apparent. It i3 not apparent froa 

tha complaint in what manner, vr.ioro, when, with ill on and under what 

circumstances tho defendants conspired to pickot or othcrwlso harass 

tho plaintiffs and to impair tho proper functioning of tlio schools 

cf Edgefiold County.

9. Tho restraining order haroin is an unconntitutional prior re­

straint on first amendment activity.

10. Tlio rostraining order herein is void for vagueness, ovorbreadih 
and lack of specificity under tho first and due process and equal pro-



toction clauses of tin fourtoonth cncn&toata of the Constitution of
tho United States.

XL, Ths restraining order horcin, not being foundod on written findings 

cf fact and conclusions of law end not giving tho reasons fer its is­
suance, is not valid.

12. Vho rostraining order issued pursuant to a conplalnt and simul­
taneously filed affidavits without oral orgunant Uiero no roacca cdsts 

for not having ens deprived defendants of tho right to confront wit­

nesses, to cross-esanino, to have compulsory process, to have a hearing 
and to duo prococa of law.

I’ P'.’grXT.E, defondants pray that tiio Courti 

a. Ldscolva tin restraining order heroin forthwith.

d .  Hequiro plaintiffs to post bond or other socuritjr for coots in an 
mount to bo opccifiod by tho Court.

c. Disr.-J.os tho complaint in that it fails to stato a causo of action
i._ron viilch relief can bo granted.

d. Tax costs to tlio plaintiffs including the psynent of reaaonobla 

attorney's fees to tho dofcndnnt3.

c. DocLara tlra practices of tho plaintiffs conpiainod of herein to bo 

unl-rrTul .and in violation of tho rights of tho defendants under tho 

f-rst, thirteenth and fourteenth nncndrrcnts of tho Constitution and 

lavs of « »  United States providing for equal protection, treatment 
a-td opportunity for Ilogroos.

f. Ponaanontly onjoin and restrain tho plaintiffs, their agents and 

those acting Jointly or in consort with then frcni (1) conspiring to 
dv-rivo tho defendants and thoir class, legrocs of Edgefield County, 
c~ X'--Xr ri.pits unocr tho Constitution of tho United States and tire 
:---s thereof as aforesaid, including tho instituting and prooocutir.g 

°- ^ actions against then whose purpose is to harass, inti.rih.ita 

c‘ .-r-vo thaa of such rights, (2) retaining tho "rebel11 as school



m °°0t °f 361X88 Thumond (3) retaining tbo Confodc^to

?Jfle "  SCh001 °f 3traB Wc h  School and using ouch flag
at school functions including football and other athletic contests, 

(I.) retaining tho nong -Dixie'- an school song of stroa Thumond m *  

School and playing and permitting to bo played ouch song at nchool 

functions including football and other athletic contests, ($) re­

taining and using tho none "Stren Thurmond High School" for tho hirfr 
school of Edgefield County.

S. foouiro plaintiffa to mate tho charges heroin noro dofi^to and

certain by filing with tho defendants a dotoilcd explanation of tho

events roferoncod in too complaint specifically Seeing how, «hcn,

vigors, vito vhoa and under vhat circumstances too defendants con-
cpirod to do tho aots coaplainod of.

h. Grant such othor and difforent m i v fent rollcu as rooms appropriate and
pertains to justice.

Kespoctfully submit tod,

c/ inuglilin McDonald

JnuyjOin I'clonald 
Attorney for defendants 
61;00 Sylvan Drive 
Columbia, South Carolina 
29206 (d03) 702-2237

VKiXPICATTrtt

•>tato of South Carolina 

County of Dichland
--

” “a “ ° 'l° c«’̂  « *  « .  a t o a , a « .  ta i. „
tnio to tho boat of hit tao»lod~>, lofoitattoa ond boUof.

Tuoaas C. ijtCaia
- iscrlbod and errorn to before no, 

t: ~3 **7 of October, 1970.
1’otary Publics ~2C,'



AFFIDAVIT

Personally appeared Thomas C. McCain, who being duly sworn,
deposes and says:

1. He Is one of the plaintiffs herein, Is a resident and citi­

zen of Edgefield County and Is a member and officer of Community 

Action for Full Citizenship, an eleemosynary corporation formed 

and existing under the laws of South Carolina whose purpose Is 

to secure for Negroes and other minority groups the equal pro­

tection and opportunity of the law.

2. He, plaintiff CAFC and other Negro citizens of Edgefield County 

were opposed to the Parker Progressive School Plan as an attempt

to achieve segregation of the races in the public schools of 

Edgefield County, and that as a result in part of their opposition 

Including the maintenance of a boycott of standardized tests given 

to school age children, the plan was defeated.

3- Upon Information and belief, in retaliation against him 

and CAFC and to discourage them and other Negro citizens from 

expressing or attempting to express their views on matters of 

public interest and concern, and to discourage them from taking 

an active part in the conduct of the affairs of Edgefield County, 

including the public school system, some of the defendants brought 

a Civil Action against them and issued a Restraining Order against 
them.

^ • The Institution and maintenance of the suit against them has 

had and continues to have a chilling effect on the exercise by 

plaintiffs of their rights of free speech and association.

5- Some of the plaintiffs are students and parents of students 

attending Strom Thurmond High School. They, their children and 

the other plaintiffs are being degraded and humiliated by the 

practices of the defendants complained of In the complaint herein, 

including the institution and maintenance of suits against them, 

the use of the Rebel as mascot, "Dixie" as school song, the Con­

federate Flag as a school flag and Strom Thurmond as the name 

at Strom Thurmond High School, Edgefield, South Carolina. The 

plaintiffs regard these practices, customs and usages as badges 

of slavery and Indicia of second class citizenship for Negroes 

and as an effort to retain the Identity of the county high school



as a "white" school.

6. He and the other plaintiffs are suffering Irreparable harm 

and Injury as a result of the acts of the defendants.

7. The actions of the defendants are unlawful and Illegal,

and unless enjoined will Impair the proper functioning of public 
education In Edgefield County.

8. He has read the Complaint herein and the facts and matters 

alleged are true to the best of his knowledge, Information and
belief.

/s/ Thomas C. McCain

Thomas C. McCain

Sworn to before me this 

. * ̂  day of November, 1970.

* [ £ ^ - Slit \

Notary Public for South Carolina 

My Commission Expires

-1%-



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF SOUTH CAROLINA 

(COLUMBIA DIVISION)

THOMAS C. McCAIN, BENNIE 
MITCHELL, JR., WILLIE C.
BRIGHT and EDWARD SENIOR, 
Individually and on behalf 
and as agents of COMMUNITY 
ACTION FOR FULL CITIZENSHIP 
OF EDGEFIELD COUNTY, an 
eleemosynary corporation or­
ganized under the laws of 
South Carolina, MARGIE GIBSON, 
individually and as mother and 
next friend of NATHAN GIBSON a 
minor, DELORES SIMMONS individ­
ually and as next friend of 
YVONNE SIMMONS a minor, and 
KEITH MITCHEM, SR., individually 
and as next friend of DAVIS 
MITCHEM a minor, for themselves 
jointly and severally and on 
behalf of all others similarly 
situated,

PLAINTIFFS,

v.

C. ASHLEY ABEL, MARK ADAMS, 
VIRGIL WALL, JAMES COOPER,
CECIL YONCE, JR., MOTT VANN 
and R. C. SCOTT, individually 
and as members of the Edgefield 
County District School Board of 
Trustees, GEORGE BELL TIMMERMAN, 
JR., Resident Judge of the 
Eleventh Judicial Circuit of 
South Carolina, CHARLES W.
COLEMAN, Edgefield County Attor­
ney, HERMAN E. CAIN, School 
Administrator of Edgefield 
County, and his and their succes­
sors in office, jointly and 
severally,

DEFENDANTS .

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CIVIL ACTION NUMBER

MOTION FOR PRELIMINARY INJUNCTION

On the complaint heretofore filed herein the plaintiffs move 

this Court to issue a preliminary injunction enjoining the defen­

dants, their agents, servants, employees and their attorneys and 

all persons in active concert and participation with them, pend­

ing the final hearing and determination of this action from:

1. retaining and using the Rebel as a school mascot;

2. playing or singing or causing to be played or sung the 

song "Dixie" at athletic and other events at Strom Thurmond High 

School;



3. retaining and using the Confederate Flag at athletic 
and other events at Strom Thurmond High School;

retaining and using the name Strom Thurmond for the 
Edgefield County High School; and

5. harassing and Intimidating the plaintiffs and depriving 

them and their class of their rights of free speech and associa­

tion by Instituting and prosecuting law suits against them whose 

purpose Is to deprive them of 3uch rights and discourage them 

from taking an active part In the conduct of the affairs of Edge- 

field County, including the public school system.

Further grounds for this motion are that:

1. the Injury to the plaintiffs and the class they repre­

sent will be irreparable even with final Judgment for the plaintiffs;

2. no Injury will be sustained by the defendants or by the 

public through the Issuance of a preliminary Injunction; and

3. the Issuance of a preliminary Injunction as prayed for 

herein will not cause undue Inconvenience or loss to defendants, 

but will prevent Irreparable Injury to plaintiffs.

Respectfully submitted.

/s/ Laughlln McDonald

Laughlln McDonald 
6400 Sylvan Drive 
Columbia, South Carolina 
(803) 782-2237

- 3 o '



IN THE DISTRICT COURT OP THE UNITED STATES 

FOR THE DISTRICT OP SOUTH CAROLINA 

GREENWOOD DIVISION

THOMAS C. McCAIN, BENNIE 
MITCHELL, JR., WILLIE C.
BRIGHT and EDWARD SENIOR, 
individually and on behalf 
and as agents of COMMUNITY 
ACTION FOR PULL CITIZENSHIP 
OF EDGEFIELD COUNTY, an 
eleemosynary corporation or­
ganized under the laws of 
South Carolina, MARGIE GIBSON, 
individually and as mother and 
next friend of NATHAN GIBSON a 
minor, DELORES SIMMONS individ­
ually and as next friend of 
YVONNE SIMMONS a minor, and 
KEITH MITCHEM, SR., individually 
and as next friend of DAVIS 
MITCHEM a minor, for themselves 
jointly and severally and on 
behalf of all others similarly 
situated,

C. ASHLEY ABEL, MARK ADAMS, 
VIRGIL WALL, JAMES COOPER,
CECIL YONCE, JR., MOTT VANN 
and R. C. SCOTT, individually 
and as members of the Edgefield 
County District School Board of 
Trustees, GEORGE BELL TIMMERMAN, 
JUR., Resident Judge of the 
Eleventh Judicial Circuit of 
South Carolina, CHARLES W. 
COLEMAN, Edgefield County Attor­
ney, HERMAN E. CAIN, School 
Administrator of Edgefield 
County, and his and their success 
sors in office, jointly and 
severally,

COMES NOW the Defendants and move the Court as

Plaintiffs CIVIL ACTION NO. 70-1057
-vs- MOTION

UNDER RULE 12

Defendants.

follows:



1. To dismiss the action because the Complaint 

fails to state a claim against the Defendants as to which

relief can be granted;

2. To dismiss the action because the alleged 

Federal questions presented herein are frivolous and insub­

stantial and that this honorable Court therefore lacks 

jurisdiction over the subject matter of the alleged contro­

versy;

3. Alternatively, to strike, pursuant to Rule

1 2(f), the following paragraphs and parts of paragraphs of 

the Complaint upon the ground that said paragraphs and 

parts of paragraphs are redundant, immaterial and imper­

tinent:

A. The last four (4) sentences of paragraph 6 , 
beginning with the word "Thereafter," on 
line 8 of page 4 of the Complaint and ending 
with the word "ailments," on line 21 of page 
n Or the COuipla iiit j

B. Paragraph 7 of the Complaint;

C. Paragraph 8 of the Complaint;

D. The first sentence of paragraph 9 of the 
Complaint;

E. Paragraph 15 of the Complaint.

DANIEL R. McLEOD 
Attorney General

MICHAEL W. TIGHE 
Assistant Attorney General

Columbia, South Carolina 2\29211

Attorneys for Defendants.

Columbia, Sou£h Carolina



at TOK UK IT D JTATKS DliTUIC? tXHRT 

f®  THI, DIfT;UJT Or' .IXTEH CAfCGLIHA 

(« E  N40QS UI/IilOH)

7'!0HA3 C. ISoCUH, e t a l . , )
)

P la in tiffs , )

V. ) C ivil Action Ho. 70-1057
)

C. UHlHC A»r-a* e t a l« , )

Defendants. )

HOTIOH iXR DIXOrKX AND PBfflirnpg gp pQCPH Jff3

Can the p la in tiffs  by ® unsel sad so n  the Court p i m n t to  

ul« 3U* federal u lss o f C iv il frooodar s , fo r an Order req u irk * the 

defendants to prodooe na » e ra lt the p la in tiffs  to  im peot and oejqr or 

n»:oto,Taph the following decussate, pg>tn or 1 tw n

1 . All of the proposed plans fo r dess gre ration of tin  pdblio —h—ta  

of 'dgr fie ld  Ooonty sttadttod to  the dsfendnat :d*B fie ld  Coonfcy D iatriet 

'Cbool Joard of Trustees by the -South Carolina School Oe—gregatim  'Cen­

te r , or by apy other sim ilar or d ifferent agmoy or ery n la e tim  or tw  

dividual, within the la s t fiv e  years.

2 . A ll the minutes of apy nestings o f —id  Trustees, ne i ssiiisutaina. 

netr.oranda, le tte rs  or any other writings pertaining to  the eoasideratlon, 

i ■'option, re jectio n  or aod lflostlen  by the Trustees o f suah plans ta r

He segregation of the dgafleld Candy pablis schools.

3. A copy of the so called  Parker Progressive School Plan ta r  the de­

segregation of the pdhlio schools o f Sdgefleld Comty end spy variations 

or modifications thereof.

U. A ll the minutes o f spy nestings of sold ‘Trustees, osnwspondwnes,

-iCEOranda, le tte rs  or apy other writings pertaining to  the consideration, 

Adoption, re jectio n  or modification by the Trustees of the Parker Progres­

sive <ohool Plan including a l l  oarreapondonoe with tfaa United States

-33  -

1



leportaont of H caltfe, ’'G r a t ia  and p * * -4**-^  thw ata.

5* rhe aoow nta, papara and itaaa deoarlla 4 laraia ara e«tarlal aad

ralaraat to tMa aetlea aad w ill taad ta  oatirfiH^ the --» -B-»«-TTlf M  

tolasd la  par agrapha 6 , 7, 8 aad 9 of tl»  m ^ili Hit irn liiM lj f l f c i
here la .

HaapaatfaUy irta ltitid ,

">( Lu\/\

MaQaald 
6ii00 M a t a  M m

^ r k s ? 10^ 1- 0604

CKOlWCdtlS Of JtAtDCS

1 hprety certify  that I  have aorvad a c<ar at tha aheap Motion 

far iiisoor-sy end Prodaotlai of Daciawata van  Mm -frfnnMnla ty  

m llln c the mma to Hamntie RLoteal V. T l^ a , iaalatw t lU n riaj 

'w » s l, their attorney of record, la  aa — «i»y f properly eddreaaad

and * ith  su ffic ie n t postage attached a t  '’a la d ila , -i—Hi r in  VhM  ̂ tM a 

21at day o f Ooeofcpr, 1970.

2



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

GREENWOOD DIVISION

Thomas C. McCain, et al., CIVIL ACTION NO. 70-1057
Plaintiffs

v s . MOTION TO STAY DISCOVERY
C. Ashley Abel, et al.,

Defendants.

COME NOW the Defendants and move the Court for an Order staying 

ail discovery proceedings by the Plaintiffs or the Defendants in the 

within action, pending the outcome of the Defendants' Motion under 

Rule 12, filed on or about December 16, 1970.

DANIEL R. McLEOD 
Attorney General

MICHAEL W. TIGHE 
Assistant Attorney General

TIMOTHY G. QUINN 
Assistant Attorney General

Columbia, South Carolina 

December JL ̂ ___ 1970.

- 3 ^ -



m  THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF SOUTH CAROLINA 

(Greenwood Division)

Thomas C. McCain, et al., ) CIVIL ACTION NO. 70-1057
)

Plaintiffs, ) _  , „ r- r-
) M L  r. i->

v. ) O R D E R  ■ ,r...
) lb/i

C. Ashley Abel, ot al., )
) W.iUuR C. •*'<

Defendants. )
____________________ 5

Tliis cause came on before me for hearing at Spartanburg, South 

Carolina, on February 25, 1971, on defendants' Motion To Dismiss and/ 

or Strike and Motion To Stay Discovery, and plaintiffs' Motion For 

Discovery and Production of Documents. Based upon the oral arguments 

of counsel and the pleadings in the case it i3 hereby

ORDERED that the Department of Health, Education and Welfare, which 

has previously approved a plan for the desegregation of the public schools 

of Edjp field County providing for the elimination of all veatiges of ‘a 

dual school system, is invited to investigate the allegations of racial 

discrimination contained in the plaintiffs* complaint filed herein to 

determine if they constitute a violation of the plan for desegregation 

previously approved and to report its findings, conclusions and determi­

nations to this Court. Jurisdiction over this action is retained and 

ruling i3 reserved upon the several motions of the parties pending the 

investigation and report by HEW. The time for discovery is extended for 

a period of ninety days after the disposition of the motions hereof or



IS TH OTOTD 7T*TK3 OUTRJCT C<**»
.-a rK? oriTHCT op aeon c^oust 

(erwawood DMstaO
ORIGINAL FILED 

J U L l l W / l

THQBA3 C.

C. A-30ET

MCCaB ,  a t a&.t  ) 

P la lM itfh , )

IB M , a t a3U, >

Dafawtata.
,1

S M I

MILL£R C. FOSlcft, JR., CLLka

■*. 7o-acsr

Moriai to p ^ c  must <x *xrv*rt* rvAPvm

P lain tiffs by cocnaal aora the Cent pwra—wt to Solo IS (d) of the ta ere l 

uloa of C ivil Praoodaro and the ahUctaarta M ate  far pamtaartno to  aam  the

fcanpaned alaea tha date of C O f  of tha ocoplahrta 

1. By adding as paam«rapta 2k awl 2$t

2«u P lalntiffa M a tte * nsigaglM  1 th re e * O  iw rtsatta aa* la  thatar aw* 

tiv etr. Oja* t o f a w t l i  awl ballad attar tha f t t h *  a t the ow plaft* h aw * 

tha defendants* «r sans ad thao, WHbarataV aftd ta lk  M U V w ftalp  ad tha 

probablo a ft I ta ly  of Pa—  to p lointtfla m& th alr ohMft. M p a < . or aaaoad 

to  la daainad, ale p iil, apf  aaai f t *  ta M la la k  or a a a ii to  ta  ill ala Hartal.

Hata ?lo* awl tha naaftiitaat a Batata PJafe o eaflr of < U rt la  ftttoaho* haaota 

u  xfalMt *D% tew * her wtth tha affliW alt ad ltaaas C. HoCata fthloh lo  ottatata

tewste aa fodrfhtt •*«,

?$. P la in tiff a M a tte * pawffwha 1 th re e * 2k tiwMataa aftd h i ttaefcr aw* 

tirwty. The aoo of the CaafWareto Batata P lat m  tha o fria io l oaadar el—  ad 

>troa Thomanl H i* -eheol aanaoDoanaftt ad aaoMftaoaeat esaraiaas fo r 1971* Is  

a ersotioe wsd « a e *  strong la  aaoenlatleft idth lop ft alaiaery oatf vfclta railw i

- 3 7  -



« 4 t i a  n U a

«ad tfacir
including

right* «f pUlntiff* 

foxa-te « th  man tn m l a o f 

2 . 3y adding M  ?3ddb*» mV  t *  t tm

K rm  n a m m i Hirfi ioh*ol 

•" ahibtt th* a£ri<fcnrl» «T

M l a r i la

in vialnt •f ttm  

i f  Um

t f t t a U M  

• <«pr *f

«r

c.
f t r i m ,  and

3 ?



®  t*  n a n s  status qistret cow

SIX’. THK rUSTKET OT SOOTH CtitOHR 

tftW M N  Ofcriafea)

THOMAS C.

c .  * . m

WCA*# t i  d . ,  j

PUfaMfTa, )
)

ABrx, «* iL,
CU11 Aatua 70-XOS7

Katesjr ftfella  fa r  M att 
*r c u x ai M » w - 3 ? '

e



a  me H a n  sta ts v tsm st co m  

#at m e D isnssr or to m  m ining.

TH0MA3 C . K C A J M , i t  * U *  J

PUtaMtti, )

*• ) CAvU M t a  «•. 70-XST

C. ASSIST I t  « 1 ., )

----------------------->

l



A P F I D A T I T
T tK T T  OF iOOTH CAROLS* )

couwrr o? aicauro j

l



sucn U h a t w m  W e
23d d«r * f  I w r t w , i m .

1 -1~- (Q„

-  V 2  -

*



DEPARTMENT OF FFF'ALTFI EDUCATION AND WELFARE
R E G I O N  IV

‘>0 M h  s t r e  fc i n  L ,  R o o m  4 0 4

A T L A N T A  G E O R G I A  TOi.' I

01 H CF  01 THE 
R( GIONAL. 1 >IREXTOR

J u n e  1 1 ,  1 9 7 1

Mr. Laughlin McDonald 
Attorney at Law 
1611 Crestwood Drive 
Columbia, South Carolina

Re: McCain v. Abel
Edgefield County, S. C.

Dear Mr. McDonald:

This is to acknowledge receipt of your letter of June 7, 1971 
requesting a copy of the report submitted to the Court by this 
Department.

The Atlanta Office for Civil Rights performed the field investi­
gation and submitted its report to our Washington Office as that 
is where our General Counsel is located. The report you are 
requesting would be in our Washington Office. We are, therefore, 
referring your letter to that office for action on your request.
You may wish to contact:

Dr. Lloyd R. Henderson 
Director, Division of Education 
c/o Correspondence Branch 
Office for Civil Rights 
Department of Health, Education 
and Welfare

4th and Independence Avenue, S. W.
Room 1656
Washington, D. C. 20201

If this office can be of further assistance, please feel free to 
call upon us.

Sincerely yours,

r

c c : Dr. Lloyd R. Henderson
r

Dewey E. Dodds 
Chief, Education Branch 
Office for Civil Rights

4



Edgefield school plans 
playing of “Dixie” |o 1 T >

Chronicle Aiken Bureau
ED G E FIE L D . S O . -  The tradition­

al song of the Thurmond High Football 
Team. Dixie "  will be played at the 
game with Wade Hampton Academy 
Friday night, it has been acknowledged 

. bv school officials.

race, creed or political affiliation.
■The existing traditions now in 

force, will continue. The present tra­

ditions are not dehumanixing nor dis­
criminatory with regard to race, color.
or creed "

The decision was made by the county 
school board after a committee of eight 
black and white members of the student 
council failed to reach a compromise, a
spokesman said.

Negro members of the football team 
and the band resigned Sept 28, protest­
ing Hie playing of Dixie, the team s 
light song, and the display of Confeder­
ate flags by cheerleaders.

The action* reportedly came follow­
ing a meeting held the previous night by 
a black organization. Community Ac­
tion For Full Citizenship

The county school board Thursday 
said "due to pressure being brought on 
by certain groups, the board finds it 
must react in a firm  and efficient man-

n* l i  said after reviewing all facts, and 
taking steps and allowing time to solve 
the problems it found it must make a
decision , ,

■ We cannot yield to foreelu! de­
mands from any group, regardless of

C M ?  ^

C i l i z e i T
j f '

HUB o r  THE
v'.iIk i- ; o SIN G L E  C O P Y  —  10c

School Traditions Not to Be 
Changed, Officials Declare

llu* School Board of T n is ir* - 
ot hdpolicld < ounlv is elected 
If SCI vo I ho cillWJil.onal needs 

this county, however, due 
pressure being brought *»n 

h\ certain groups the Board 
(•ruts that it must read in .1 
tirm and eflici* ni manner 

Therefore. alter reviewing all 
the facts and after taking steps 
to allow lim e I• • so'.'e the™

prohlcins. the Board of Pruc- 
Ut»s finds that it r.u»s» make a 
derision

I We cannot yield to force­
ful demands from any group. 
1 egardiess of rat*'*. creed or 
political affiliation

t + U . l - T  C

• 2 The existing traditions now 
in force m all schools of Ibis 
system will continue 

The present traditions arc not 
dehumani/.ing nor discrimina­
tory with regard to race, color, 
or creed

- H -



State of South Carolina
Countv of rvf'efieid

AFFIDAVIT

, Vera -onion, am a black female student, ly years old, in t.he 10th {Trade 
a. S ’ rori Thurmond Hiph School in Edgefield, South Carolina.

!ve at Rout** », box ld(3—A, Edgefield, South Carolina.

'• " '* Confederate flap represents slavery. "Dixie” tolls about how
>s -vi lv icel about slavery and the black man, and where they want 

i1'u'u 'l?Ki w,meu to stay. When the school was integrated, it meant 
l 'er '“vness for all too People of Strom Thurmond High, white and black. With
‘ “ v’r ’ 1)1X10 and tho Confederate flag flying, we as students wiLl never bet ore t.he r.

'*'r'■ ,Jonktn Personally appeared before me, toe undersigned, and states:

Vera Gordon

o',: ' .'fVire me t.r i •;
1 th day of h'eoruary, 1972,

L-Xui I rtw*. Jrl̂ U A k  i4-L________-otarv* n  italic for South Carolina 

• V Cpmir.j ssion expires | - [- ^



>rato <•!*' J nr;! Carolina 
Count.y '>r ivirefield

AFFIDAVIT

lli,! u’,rdt,»' ••wrjo-a? ' j  appeared before me, the undersigned, and states:
. . ‘1M 17 V*ar3 old ami am in the 12th .trade at Strom Thurmond•! i a -: ! am .% black female.

1 bv'> at Uoute j, box 12bA, hldgef iolrf, South Carolina.
■ ’ ,:1 t'1’ ■ onfedorato x Lai' an l "Dixie" is a symbol of slavery because

' ' : ; 1 Wni’ » the men that fought in this war for slavery went' undo** the
a '"°' * 1 11 : lv' heists, thoir fight song was "Dixie," and their fla-r the.onto ierate.

_Si-Kyz y C _  A
Sheneauai Cordon

• fore ■ this
; j_* • • m a y  of February, t Y/2,

L  Y  Itz v Lu* tic.’ 11 4 
b w e - T O i i c  for South Carolina"
•V Co'-’rr * ir-n ox Hires l-'/— <i' 1 ,



ii vt*' South Carolina
Countv of fidrefiold

affi.oa v.it

a” a bJaa!c student at Strom Thurmond High School inf u ^outh Carolina, m  the l<£th grade.

• -'7 is Houto -*• IdhAB, FJdgefiold, South Carolina.

' ; . J rh’J b'onfederato « * *  are purely a sywboL of slavery.
;a’; "Viatw^wir-e t0 Uf tliU W9're no ^tter than we were before

t . + ; ; 1 ™  lneant to to s^ves. Our ancestors went through sucht.,ot, , . ' ‘ d,J« t t h in k  they should reiiiiB us of it. You’ve got blacks or the
e l  H, ,  ; W‘, en VOU y e l J  " G o’ you feel like you’re in the pasttelhee the white man to win the- war so you can remain slaves.

Ju0M -JlJnior ^ ^ o n a l l y  appeared before we, the undersigned, and states:

oworn I**fore mo tide 
M th dav of February, 1972.

/ 4
~f+— '  ^ 4 - ^  __Jĉ in Senior /

LcL l ; vet ..x. fl'CSctAcdt'- cc 
.O’. irv Public for South Carolina

Co*.mission expires t- 1 ~ ir

(

y



AFFIDAVIT

■ i1 • o*' Carolina
Cour.tv o f  Edge fins Id

i. i, > inda Gordon, am a black female student at W.is. Parker School in the•rh rr-He,

LirvJ.i Gordon personally appeared before me, the undersimed, and s ta te s :

l i v e  a i, Routu j, box 12 BAB, E d g e fie ld , South C a ro lin a .

T
m. vo

■ar and the Rebel mascot really r e t  next to mo because i feel as if 
s t i l l  want to be our rulers when we have been riven the right to  

"ur own ideas and show our ability. It’s discriminating, and it makes a 
m fe e l  empty wnen he should feel free.

r

Linda Gordon

Suorn :>'fore me this 
■ th nav of February, 1972

U a.. _____
< r a y ' t flic for South Carolina

- ■ n r  expires l- / - ?  2 .



IN THE UNITED STATEN DISTRICT COUfiT 

FOR THE DISTRICT OF SOUTH CAROLINA 

GREENWOOD DIVISION

T h o m a s  C . K c O B J n ,  d t  a l . ,  e t c . . )

P l a i n t i f f s , j C I V I L  A C T I O N  N O .  7
-  V E - ) N O T I C E  O F  M O T T

C .  A s h l e y A b e ] ,  e t  a ] . ,  e t c . .

D o  f o n d a n t s .

)

)

[ R U L E  ?1 F . R . C .

T O : LAU'NITJH 
It' ll C:\

Ki? >0?^LD, i\ \ 
>' L».*< i Di'i vo

PLKASJ; TALE NOTICE ti

t i-OU' ht ovi »'of' a 1.; c i r : t'To

U-11 Led Itnter- Dirt:O f t  Co-u-t ii

Dec.. ‘.v,e ’ i i. at 10:00 a.'.

Cull!:, el car. :>o heaji -d.

t o r n e . Y  a t  T - v;

C o l u m b i a  .  S o u t h  C o r o i  i n a  DC

the a t ta c h e d  mot5 on w ill

) ■. -o r  : rj :i n  •; •Tu c e c  o f  til­

C • iV’ ' lUCl , D o u t h  C a r o l i n a

o p  e a  s c o n  t h e m *  . " t e r  a n

D A  H I  F I .  R .  H c I . E O D  
A I . l o r n e y  G e n e r a  1
T I M O T H V  C .  Q U I N I !

A s s i K t a n t  A t t o r n e y  G e n e r a l

November ^  . 1971.

Bi :\.V5WVC?^u\. ^

Attorneys for Defendants
P .  0 .  Box 115' !  9 
Columbia, South Carolina ?9211

-41



IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF SOUTH CAROLINA 
GREENWOOD DIVISION

Thomas C. McCain, et al., etc., )
Plaintiffs, j CIVIL ACTION NO.-70-1057

-vs- ) MOTION TO DROP PARTY DEFENDANT
C. Ashley Abel, et al., etc., j [RULE 21 F.R.C.P.]

Defendants. j

The defendants herein move the Court for an Order 

dropping George Bell Timmerman, Jr., as a party defendant to this 

action. In support of this motion, the defendants show:

1. That the defendant, George Hell Timmerman, Jr., is 

the Resident Judge of the Eleventh Judicial Circuit;

2. That, by their Complaint, the plaintiffs seek to
***"** .... 4- O _ _ 1 — — J. 1  ̂- 1 "> — 4- 1. . J .. .. J . T ... /. • . £> i. 1. . ̂ S, *.***. .̂ V-/j- J. W/. J-U V J- V/ J.̂4 -» J. w*- W.*v

laws and Constitution of the United States and to temporarily 

and permanently enjoin the above-named defendants from:

(a) retaining and using the "Rebel" as a school 

mascot;

(b) playing or singing or causing to be played 

or sung the song "Dixie" at athletic or other events 

at Strom Thurmond High School;

(c) retaining and using the Confederate Flag at 

athletic ana other events at Strom Thurmond High School;

(d) retaining and using the name Strom Thurmond 

for the Edgefield County High School; and

(e) harassing and intimidating the plaintiffs 

and depriving them and their class of their rights of 

free speech and association by instituting and prose­

cuting law suits against them whose purpose is to



deprive them of such rights and discourage them from 

taking an active part in the conduct of the affairs 

of Edgefield County, including the public school 

system;

3. That the defendant, George Bell Timmerman, Jr., as 

Judge of the Eleventh Judicial Circuit, is neither a member of 

the Board of Trustees of Strom Thurmond High School nor is he 

associated therewith in any manner;

That in the event the Court declares that retain­

ing and using the "Rebel' as a school mascot, playing or singing 

or causing to be played or sung the song "Dixie," retaining and 

using the Confederate Flag, and retaining and using the name 

Strom Thurmond for the Edgefield County High School are in fact 
violative of the laws and Constitution of the United States, 

the defendant, George Bell Timmerman, Jr., would have no duties 

in regard to or in respect of the retention, use, or selection
~  -P \jx. C C in " o  o n i h l  p m e  3*-/ J

5. That in the event the Court declares that the 

plaintiffs have in fact been harassed, intimidated, and deprived 

of their Constitutional freedoms of speech and association by 

the institution and prosecution of law suits against them, the 

defendant, George Bell Timmerman, Jr., would have no duties 

regarding or in respect to and is, in fact, prohibited by law 

from instituting or prosecuting law suits in which he has an 

interest; and

6 . That inasmuch as George Bell Timmerman, Jr., as 

Judge of the Eleventh Judicial Circuit, has no responsibility 

for the selection of school symbols, songs, school names, nor 

for their use, and furthermore he has no duties regarding the 

institution or prosecution of law suits, he has no real interest 

in the controversy and is, therefore, an unnecessary party.

- S 7 -



WHEREFORE, it is respectfully requested that the 

defendants' motion to drop George Bell Timmerman, Jr. as a 

party defendant be granted.

DANIEL R. McLEOD 
Attorney General

TIMOTHY G. QUINN 
Assistant Attorney General

By:___________________________

Attorneys for Defendants
Columbia, South Carolina 

November ______ , 1 9 7 1.

- 3 -

- S 3.-



ORIGINAL Flu

IN THE UNITED STATES DISTRICT C '' 19.7<

FOR THE DISTRICT OF SOUTH CAROLINA 

GREENWOOD DIVISION

Thomas C. McCain, et al., )
)

Plaintiffs, )
)

vs ) Civil Action No. 70-1057
)

C. Ashley Abel, et al., ) O R D E R
)

Defendants. )

This matter is now before the Court upon motion of the 

defendants to dismiss under Rule 12, Federal Rules of Civil Procedure, 

and in the alternative for an Order under Rule 21 to drop the 

defendants George Bell Timmerman, Jr., Resident Judge of the Eleventh 

Judicial circuit and Charles w. Coleman as Edgefield County Attorney. 

Also before the Court is the plaintiffs' motion for summary judgment 

under Rule 56. All of these matters were heard on February 15, 1972.

This is an action brought by the plaintiffs individually 

and as agents of Community Action for Full Citizenship of Edgefield 

County, an eleemosynary corporation, organized under the laws of the 

State of South Carolina, and certain other individual plaintiffs who 

are parents of children attending Strom Thurmond High School in 

Edgefield County. The defendants are members of the Edgefield County 

District School Board of Trustees. At the hearing the attorney for 

the plaintiffs agreed that George Bell Timmerman, Jr., Resident Judge 

of the Eleventh Judicial Circuit of South Carolina and Charles W.Coleman, 

Edgefield County Attorney, should be dropped as defendants.

i - 5 3 '



The plaintiffs bring this action under the first, 

thirteenth and due process and equal protection clauses of the 

Fourteenth Amendment of the Constitution of the United States and 

under Title 42, Section 1983 alleging deprivation under color of 

state law, statute, ordinance, regulation, custom or uses of certain 

rights, privileges and immunities secured by the Fourteenth Amendment 

of the Constitution of the United States.

In 1970 the schools of Edgefield County were integrated 

and all students in grades 10 through 12 were sent to Strom Thurmond 

High School, which prior to that time had been a substantially white 

school. All students in grades 7 to 9 attended Parker School, 
formerly a predominately black school. Prior to the 1970-71 school 
year the school trustees had proposed the adoption of a plan known 
as"Parker Progressive School Plan" whereby certain standardized 

tests would be administered to all school age children, and those 

children testing below their grade level in any subject would be 
sent to Parker Progressive School, for periods ranging from one day 

to one year or more, until they began to achieve proper educational 

levels. The plaintiffs and other Negro citizens of the county 
objected to these tests as being unfair and organized a boycott of 

the tests, which was successful in having such tests abandoned.
After desegregation of the schools the plaintiff McCain 

wrote a letter to the defendant Abel under date of September 7, 1970, 

asking that the use of the Confederate flag at the Strom Thurmond 

High School football games be discontinued, giving as his reason 

that black children were being “dehumanized by such demonstration." 

The plaintiffs now complain that the song “Dixie" is played and sung 

and continues to be played and sung at athletic contests and that the 

school still retains the Rebel as its mascot and also retains the 

name of Strom Thurmond High School, which according to the plaintiffs 

indicates and identifies it as a "white school. --- ^  —
-2-



On or about October 9, 1970, approximately 75 Negro 

ntudentp. staged a peaceful walk-out at Strom Thurmond High School 

m  protest of the above practices. Thereafter on October 12, 1970, 

a suit was brought in the Court of Common Pleas for Edgefield County ■ 

by the members of the School Board of Trustees, as plaintiffs 

against Community Action for Full Citizenship of Edgefield County, 

Thomas C. McCain. Bennie Mitchell, Jr., Willie C. Bright and Edward 

Senior alleging that the defendants in such suit were harassing 

the plaintiffs, had congregated in the vicinity of the school, picketed 

and "by the use of threats, cursing, obsenities, acts of intimidation 

and acts of violence to prevent persons from entering and leaving 

the said school, with the result that the proper functioning of said 

school was curtailed and that the safety of the students and teachers 

was in danger". The state court suit asked that the defendants 

therein be enjoined and restrained from such activities. A temporary 

restraining order was issued by Judge Timmerman. An answer was filed 

in the state court proceeding and the issues have been joined.

In the suit presently before this Court the plaintiffs, 

being most of the defendants in the state proceeding, ask that the

school trustees be enjoined from violating certain Constitutional rights

including:

(a) Retaining and using the Rebel as a school mascot;

(b) Playing or singing or causing to be played or sung 

the song "Dixie" at athletic and other events at Strom Thurmond High

School;

(c) Retaining and using the Confederate flag at athletic 

and other events at Strom Thurmond High;

(d) Retaining and using the name Strom Thurmond for the

Ddgefield County High School; and

-3-



(e) Harassing and intimidating the plaintiffs and 

instituting and prosecuting law suits against them for the purpose 

of such suits is to deprive plaintiffs of their rights and discourage 

them from taking an active part in the conduct of the affairs of 

Edgefield County (which would require dismissal of the state court 

proceeding).

It is obvious to this Court that the Federal Anti-Injunction 

Statute, 28 U.S.C. 2283 controls this case and prevents this Court 

from enjoining or staying the proceeding in the State Court, The

Anti-Injunction Statute provides:

"A court of the United States may not grant an 
injunction to stay proceedings in a State Court 
except as expressly authorized by Act of Congress, 
or where necessary in aid of its jurisdiction, or 
to protect or effectuate its judgments."

Since there is a pending proceeding in the courts of the

State of South Carolina covering the same issues, the interference by

this Court is prohibited by the above Statute. The meaning of the

Anti-Injunction Statute was clarified in the case of Atlantic Coast

Line Railroad Co. vs. Brotherhood of Locomotive Engineers 398 U.S.

281 (1S70). In that case a Florida State Court enjoined picketing,

which u Federal Court had theretofore declined to prohibit. The

District Court thereafter enjoined the enforcement of the Florida State

Court injunction. In the Supreme Court, the Brotherhood of Locomotive

Engineers argued that the Federal injunction should be sustained even

if the case did not fall within one of the exceptions contained in

Section 2283. In disposing of this contention the Court stated:

“On its face the present act is an absolute 
prohibition against enjoining State Court 
proceedings, unless the injunction falls 
within one of three specifically defined 
exceptions. The respondent here has intimated 
that the act only establishes a 'principle of

-4-



f'omi ty, not a binding rule on the power of 
the Federal Court*. The argument implies 
that in certain circumstances a Federal Court 
may enjoin State Court proceedings oven if 
that action cannot be justified by any of the 
three exceptions. We cannot accept such 
contention. In 1954 when this court inter­
preted this statute, it stated» ‘This is not 
a statute conveying a broad general policy 
for appropriate ad hoc application. The 
legislative policy is here expressed in a 
clear cut prohibition qualified only by 
specifically defined exceptions.'
Amalgamated Clothing Workers vs, Richman 
Brothers 348 U.S. 511 (1955). Since that 
time Congress has not seen fit to amend 
the statute and we therefore adhere to that 
position and hold that any injunction against 
State Court proceedings otherwise proper under 
general equitable principles must be based 
on one of the specific statutory exceptions to 
Section 2283 if it is to be upheld. Moreover 
since the statutory prohibition against such 
injunctions in part rests on the fundamental 
Constitutional independence of the states and 
their courts, the exception should not be 
enlarged by loose statutory construction.
Proceedings in State Court should normally be 
allowed to continue unimpaired by intervention 
of the lower Federal Courts, with relief from 
error, if any, through the State Appellate Courts 
and ultimately to this court."

The present action does not fall within one of the three 

exceptions set forth in Section 2283.

The case of Dumbrowski vs. Phister 380 U.S. 479 (1965) 

is not applicable to the present circumstances since the litigation 

in Dumbrowski was threatened and not pending in the State Courts.

The legality of the school name, playing of "Dixie", school 

mascot and use of the Confederate flag are all raised through the 

answer in the case now pending in the State Court. Since all issues 

presented to this Court are presently before the Court of Common Pleas 

for Edgefield County, South Carolina, it is proper to dismiss the 

present case in its entirety.

- 5 -



is hereby

February

Florence,

IT IS, THEREFORE, ORDERED that thi 

dismissed.
s case be and the same

f a
t0

, 1972

y % t v----------- ' ’S' J./ 7-V
Robert F. C h a p m a n y 
United States District Judge

'outh Carolina

5 % -  ctetfc7 >

- 6 -



»  THE UNITED STATES DISTRICT COURT 
''® THE DISTRICT OP SOOTH CAROLINA. 

(Qreawood M-viaien)

O R IG IN A L FILED

MAR 2 4  19/2

MILLER C. FOSTER, JR.

THCMAS C. MCCAIN, et a l . ,  e tc .,  )
)

P la in tiffs , )

T* ) C ivil Action No, 70.1057
C. A3HLET ABEL, et a l . ,  a to ., )

Defendants. 1
--------- ---------- .... )

NOTICE or appeal

Notice Is  hereby siren that the p la in tiff , above named hereby appeal 

to the United State. Court of Appeal, for the Pourth Circuit fr a . the Order 

d i m a W n f  their oasplaint entered in this aotien on the 2i*th day of * b- 

ruery, 1$72.

Uughlln McDonald 
l6ll Creetwoed Qrlve 
Colnebia, South Carolina

Jack  Greenberg 
Norman J .  Ohatidde
Charles Stephen Kalstan 
10 Oetanbus Circle 
Suite 2030 
New fork, New Toik

f Attorneys for plaintiffs