Motion for Supplemental Relief

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

NOS. 28030 
ys» and 28042 

HINDS COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

DISTRICT COURT 
VS. ACTION NO. 2216H 

LAWRENCE COUNTY SCHOOL DISTRICT, 
et al., 

Defendants-Appellees. 

  

MOTION FOR SUPPLEMENTAL RELIEF 
  

1. This Court's order of November 7, 1969, provided for 

the implementation of the plan of desegregation formulated by 

H.E.W. by December 31, 1969; the said order provided further: 

that these respective [H.E.W.] plans shall 
remain in full force and effect until the 
further order of this court. They may be 
modified by the court through the follow- 
ing procedure. Honorable Dan M. Russell, 
Jr., United States District Judge for the 
Southern District of Mississippi is hereby 
designated to receive suggested modifica- 
tions to the plans. No suggested modifica- 
tion may be submitted to Judge Russell be- 
fore March 1, 19/0 and any such suggestion 
or request shall contemplate an effective 
date of September, 1970. [Emphasis added] 

  

  

  

  

  

2. This Court indicated to counsel during the pre-order 

conference that it would consider modifications to the H.E.W. 

plans, for December 31, 1969 implementation, provided that 

 



  

those seeking immediate modifications demonstrated that the 

H.E.W. plan contained grievous errors, which demanded im- 

mediate correction. In all other cases, the court stated, 

the procedure established by the November 7, 1969 order 

would control. 

3. The N.A.A.C.P. Legal and Educational Defense Fund, 

Inc., as Amicus, respectfully submits that this Court has de- 

parted from its order of Novenber 7, 1969, and has approved 

by order dated November 26, 1969, a substitute plan of de- 

segregation for implementation on December 31, 1969, without 

any proof of grievous error in the H.E.W. plan; further, that 

this court has approved the substitute plan without proof 

that it was "devised and is to be promulgated for education 

purposes only as distinguished from racially discriminatory 

purposes." United States v. Noxubee gounty School District, 
  

  

December 30, 1969, p. 5. 

IT 

4. The attached affidavits of elected representatives 

of various black community organizations demonstrate that the 

black community of Lawrence County firmly supports the H.E.W. 

plan of desegregation discarded by defendants and by this 

Court; 

5. The attached affidavits also demonstrate that the 

black community vigorously opposes the substitute plan ap- 

proved by this Court; 

6. The attached affidavits also demonstrate that the 

substitute plan of desegregation never received the endorse- 

ment of the black community; nor has it received the endorse- 

ment of any bi-racial committee. 

 



  

: . 

. 

7. The substitute plan of desegregation approved by this 

Court is educationally unsound and is dominated by racial dis- 

crimination: 

a) H.E.W. had determined to close two inadequate 

white high schools constructed during the 1920s: Newhebron and 

Topeka Tilden. Defendants' substitute retains these facilities. 

b) H.E.W. had determined to establish the previously 

Negro McCullough High School as the county-wide facility serv- 

ing grades 9-12 with an onto Lieut of 523 whites and 136 blacks. 

McCullough is the newest high school in the district, has the 

largest capacity, is centrally located and contains the most 

modern equipment and facilities available in the district. De- 

fendants' substitute closes this facility as a high school. 

¢) Defendants' substitute plan contemplates and has 

already assured that the overwhelming majority of whites con- 

tinue in the schools they have been attending, with the bur- 

den of new assignments thrust upon black children. 

8. In summary, defendants substitute reopens white high 

schools which are inadequate, closes the black high school 

which is the finest in the school district and places the bur- 

den of new anelpnoents and transfers primarily upon black 

children. 

WHEREFORE, the N.A.A.C.P. Legal and Educational Defense 

Fund, Inc. moves this Court to: 

1. order that the substitute plan of desegregation ap- 

proved by this Court, November 26, 1969, be tested in an evi- 

dentiary hearing, before the Honorable Dan M. Russell, Jr., 

in accordance with this Court's order of November 72,1969; 

2. order that the burden of proof is upon defendants 

to demonstrate that the substitute plan has been promulgated 

and devised for education purposes only; 

 



x - 

  

3. order that in the absence of such a showing by de- 

fendants the H.E.W. plan of desegregation shall be reinstated 

with implementation to be effected by September, 1970. 

January 7, 1970 Respectfull ubmitted, 

VALU REST 
MERNJYN R. LEVENTHAL 3 
REUBEN V. ANDERSON 
FRED 1. BANKS, JR. 
JOHN A. NICHOLS 

538% North Farish Street 
Jackson, Mississippi 39202 

    
  

JACK GREENBERG 
NORMAN CHACHKIN 
JONATHAN SHAPIRO 

Suite 2030 
10 Columbus Circle 
New York, New York 10019 

Counsel for Plaintiffs-Appellants 

 



  

AFFIDAVIT 
  

STATE OF MISSISSIPPI) 
; : SS. 

COUNTY OF LAWRENCE ) 

I, EMMANUAL PEYTON, President of Lawrence County 

Educational Convention, being duly sworn depose and say: 

1. That individually and as a member of the Steering 

Committee representing the entire Black Community of 

Lawrence County, I vigorously oppose the modifications to 

the H.E.W. Plan of Desegregation for the Lawrence County 

School District approved by this Court on November 26, 1969; 

2. That on no occasion have I expressed approval of 

said plan; 

3. That individually and in my capacity as a member 

of the Steering Committee, I firmly support the plan of 

desegregation formulated by H.E.W. originally ordered into 

effect by the Court on November 7, 1969. 

ential 

  

  

EMMANUAL PEYTON 

Sworn to and subscribed 
before me this /7. day 
of Ar 1969. 

Coe. op 
  

err - 

Netary—2ublic 
hms een 2 2. 

My Commission Expires: Cir D0. 
  

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AFFIDAVIT 
  

STATE OF MISSISSIPPI) 
: SS. 

COUNTY OF LAWRENCE ) 

I, ALFRED TAYLOR, President of Lawrence County Voter 

League, being duly sworn depose and say: 

l. That individually and as a member of the Steering 

Committee representing the entire Black Community of 

Lawrence County, I vigorously oppose the modifications to 

the H.E.W. Plan of Desegregation for the Lawrence County 

School District approved by this Court on November 26, 1969; 

2. That on no occasion have I expressed approval of 

said plan; 

3. That individually and in my capacity as a member 

of the Steering Committee, I firmly support the plan of 

desegregation formulated by H.E.W. originally ordered into 

effect by the Court on November 7, 1969. 

i 

(2p popl]@ fen 
ALFRED TAYLOR 
  

Sworn to and subscribed 
before me this / 7 day 
of Bou = 1969. 

un) 
% Tray 274 

       

  NOTARY PUBLIC 7 crs, @ 

My Commission Expires: er fo Se I 
  

 



  

AFFIDAVIT 
  

STATE OF MISSISSIPPI) 

COUNTY OF LAWRENCE ) 

I, MRS. WILLIE MAE BRIDGES, President of McCullough 

Parents-Teachers Association, being duly sworn depose and 

1] say: 

I. That individually and as a member of the Steering 

Committee representing the entire Black Community of 

Lawrence County, I vigorously oppose the modifications to 

the H.E.W. Plan of Desegregation for the Lawrence County 

School District approved by this Court on November 26, 1969; 

2. That on no occasion have I expressed approval of 

said plan; 

3. That individually and in my capacity as a member of 

the Steering Committee, I firmly support the plan of desegre- 

gation formulated by H.E.W. originally ordered into effect 

by the Court on November 7, 1969. 

Deo, Mtr eet Mp fini 
MRS. WILLIE MAE BRIDGES / 
  

Sworn to and subscribed 
before me this /4 day 
of Lo. 1969. 

ZL Lonenle, ofl, rn Chey a7 2 3 
  

Notary—Publ ix iy 
ny - p47 an 72 pr 4 De 

My Commission Expires: /-)- 72 
  

 



  

AFFIDAVIT 
  

STATE OF MISSISSIPPI) 
> SS. 

COUNTY OF LAWRENCE ) 

I, EDGAR BRIDGES, President of Lawrence County Educa- 

tional and Recreational Association, being duly sworn depose 

and say: 

1. That individually and as a member of the Steering 

Committee representing the entire Black Community of 

Lawrence County, I vigorously oppose the modifications to 

the H.E.W. Plan of Desegregation for the Lawrence County 

School District approved by this Court on November 26, 1969; 

2. That on no occasion have I expressed approval of 

said plan; 

3. That individually and in my capacity as a member of 

the Steering Committee, I firmly support the plan of desegre- 

gation formulated by H.E.W. originally ordered into effect 

by the Court on November 7, 1969. 

Ee BRIDGES J 
  

Sworn to and subscribed 
before me this 7/7 day 
of Del 1969. 

A A ey or 
KOTARY-—PUBEIC 
  

Z oe fond aL 

My Commission Expires: es. Sx er gill 
  

7 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that on this 7th day of January, 1970, 

I caused to be served by United States mail, postage prepaid, 

a copy of the foregoing Motion For Supplemental Relief upon 

James S. George, Esquire, Post Office Box 493, Monticello, 
1] 

Ab, Po ht 

Mississippi 39654. 

    

    
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3 

MILVYNVR LEVENTHAL