Motion to Amend Answer

    IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

Witt Campbell, for Himself and 
Others Similarly Situated, 

Plaintiffs, 

vs. TCA 73-177 

GADSDEN COUNTY SCHOOL BOARD, 
et al., 

Defendants. 

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MOTION TO AMEND ANSWER 

Defendants, pursuant to Rule 15(a), Federal Rules of Civil 

Procedure, move for leave of Court to amend their answer to the 

Second Amended Complaint. 

The grounds for this motion are a change of circumstances 

since the Answer was filed. A member of the black race, Mr. Harold 

Henderson, has been elected by the voters of Gadsden County to be 

a member of the School Board of Gadsden County, Florida. Attached 

hereto is Defendants' proposed amended answer. This motion is 

submitted for consideration if, and only if, the Court grants any 

one of the following motions submitted by Plaintiff: 

l. Plaintiff's Motion to Add a Witness to the 

Pre-Trial Stipulation. i 

2. Motion to Modify the March 9, 1977 Order 

as to Scope of the Issues at Trial of this 

Cause. 

3. Motion to Establish Law of the Case or in 

the Alternative Request for a Judicial 

Notice. 

Plaintiff by his motions is attempting to establish facts or theories 

arising subsequent to the trial of this case on May 30 and 31, 1974. 

If he is allowed to proceed in this matter, then Defendant deserves 

equal treatment in being allowed to establish that black people can 

be elected to the School Board of Gadsden County, Florida. 

AUSLEY, MCMULLEN, MCGEHEE, CAROTHERS & PROCTOR 

P. O. Box 381 TALLAHASSEE, FLORIDA 32302 

TELEPHONE (804) 224-9115 



MEMORANDUM IN SUPPORT OF 

MOTION TO AMEND ANSWER 

In its present posture this case will be tried under Plaintiff's 

second amended complaint and Defendants' answer thereto. In para- 

graph 5 of the complaint, Plaintiff alleges that "no black citizen 

has ever been elected to the School Board." Defendant answered 

that it did not have sufficient information to know the truth of 

the allegation. The truth is now known. On September 12, 1978 

in the first primary Mr. Harold Henderson, a black citizen, was 

elected to the School Board of Gadsden County, Florida. 

It is established law that amendments to pleadings should 

be greely granted, Foman v. Davis, 371 U.S. 178, 182 (1962); Hilgeman 

v. National Insurance Company of America, 542 F.2d 298, 303 (5th 

Cir. 1977), and Defendants request permission to file their amended 

answer only in the event Plaintiff is allowed to introduce new 

material subsequent to the first trial of this case. 

WHEREFORE in the event that the Court grants any one of the 

above motions by the Plaintiff, Defendants request leave to file 

the Amended Answer attached. 

Respectfully submitted on this we UHL of October, 

1978 on which date a copy of the foregoing was served by Hand 

Delivery to Kent Spriggs, Esquire, 324 West College Avenue, 

Tallahassee, Florida 32301 and by United States Hall to Jack 

Greenberg, Esquire and Charles Williams, "Esquire, Legal Defense 

Fund, 10 Columbus Circle, New York, N.Y. ‘10010. 

RICHARD J. GARDNER 

201 Quincy State Bank Building 
Ouincy, Plorida 32351 

and 

C. GRAHAM CAROTHERS and 

J 

MT 

Ausley, McMullen, McGehee, 

Carothers & Proctor 

Post Office Box 391 

Tallahassee, Florida 32302 
(904) 224-9115 

ATTORNEYS FOR DEFENDANTS. 

AUSLEY, MCMULLEN, McCGEHEE, CAROTHERS & PROCTOR 

P. O. Box 8381 TALLAHASSEE, FLORIDA 32302 

TELEPHONE (904) 224-8115