Motion to Intervene as Defendant; Answer; Motion for a New Trial; Memorandum in Support; Notice of Motion

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF 1OUVISIARA 

NEW ORLEANS DIVISION 

EARL BENJAMIN BUSH, ET ALS, 
Plaintiffs 

NO. 3630.B 

CIVIL ACTION 

Vide 

ORLEANS PARISH SCHOOL BOARD, ET ALS, 
Defendants 

CONNIE REED, A MINOR, BY 
GERALD RENER, HER GUARDIAN AN 
NEXT FRIEND, ET ALS, 

Plaintifls~Intervenors 

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0H FERRER ETERS 

MOTION TO INTERVENE AS DEFENDANT 

The City of New Orleans, Victor H. Sehiro, Mayor of the 

City of Hew Orleans, and Joseph I. Glarrusso, Superintendent 

of rolice, New Orleans Police Department, move the Court for 

an order pernitting them to intervene as a defendant in this 

action, in order to assert the defenses set forth in thelr 

proposed answer, a copy of whlch is attached, and for a motion 

for a new trial, a copy of which is attached, for the following 

reasons: 

I. 

The City of New Orleans, Victor H., Sechiro, Hayor of the 

City of New Orleans, and, Joseph I. Glarrusso,; Superintendent 

of Police, New Orleans Police Department, have formerly filed in 

this matter an opposition to their being made a party defendant 

as they were and are not empowered by law $0 give the complainants 

and the intervenors the further relief and/or other injunctive 

relief sought by the complainants and the intervenors from this 

court. 

2 

That the opposition of your movers to being made a party 

defendant by the complainants and intervenors was maintained by 

this Court. 



Je 

That while any order of this Court for further relief 

concerning the de-segregation of the publie schools of the 

Parish of Orleans, would not directly bind your movers, 

such an owder would do so indirectly and have a profund 

affect on your movers. 

4, 

That such further relief as to the de-segreation of the 

public school system would require extensive prepartion by the 

City of New Orleans, particularly as to the poliging of the 

public schools involved. 

De 

That such policing would require that the New Orleans Police 

Department place its personnel on an additional hourly work week 

basis, necessatating additional overwork time than the usual 

work week hous of its personnel and thus require additional 

outlays of monies. 

6, 

That your movers interest in the matter, particularly as 

to the plans to be prepared by your movers and the costs of these 

plans, required by any further de-segregation of the publle 

school systeam of Hew Orleans, are facts which are familiar to 

your movers, bub which nay not be otherwise presented to the Court 

without this intervention. 

ALVIN o,. LISRA, 
City Attorney 

assiatant ETEy rCaormey 

ERNEST LI, SALATICH, 
Assistant City Attorney 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 
when a 

SE W BANS DIVISION 

ET OH ALS # 

ain weil ln 

REY 
BENT 5 AE - 520) oo 

By SCHOOL E SOARD , iy ALS ¥ 

Defendants 

we
d "pall BY e Yo. ACT ON ORLEANS | 

A MINOR, BY 

HER QUARDIAN AND 
ET ALS, 

[fe-Intervenors 

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8 2H FTE PEE EREETS SENN 

2 OR 1aT0 LERIYV 4 CoaOu Ek 1 WREGeI gig GE Couns Sel 3 cones Lhe 

City of New Victor H. Schiro, Mayor of the Clty of 

Nis Phe a abi. TIE a Band AF Dallas 
New ¢ and, Joseph I. Glarrusso, Superintendent of Feollice, 

New Orleans Police Department, who as interverors in this matter 

= _ Rey da RE ER gee 4 wo Hel Z £ ” iy ¥ 2 ten iy 5 complaint for injunctive and eliel, sald answer in noe way 

Be i i Sy Pe Bs ie By 1 3 Tew os 8 Fae ¥ as a walver ges which may be available, 

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answer the in this aatter as to the 

” ng a i 3 a Le - Rs wn BF 

Motion for 1 conplainants in thls 

eis PRB Ty PR ee sive Cowan dmb Par {inuncetive and other 
MTT er ang ve 4 Car VERO +O Apts RY fo ig BEUNCCLAVE Ang OLhel 

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Ard mow in answer to Allegations 1 Throw 

for Purther Rellef and Allegati 

OF Li i Lh Ja NRW Wil Sa8O8 

would require an extensive preparation and execution of plans by 
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additional 

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complainants. 

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adr is EGR Wa BEE wi 

ws Of the Covernment of the New Orleans 
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éasitate the expenditure of 

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additional personnel amd extended worl ry
 

personnel in the 

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Peay OZ 8 City ol Rew fl, JOSeDA 

Police Depart. 

urge Chat the Motion for Further Rellefl be 

4 other rellie "
 

complaint for injunctive and 

rvenor- rE 
aay on Toa an PY a mt an E% Be Be ie TI Cr ur 1 rT TT on po AT 8 an 

i: 1 B 

ALVIN J, LLSKA 
City Attorney 

7 | ke > 4 5k HURNDUN , 
City Att 

SREY | A AND & NS 

. Lenaant g-ilhite FVeno 

denied 

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according to the principle set out in BROWN of admitting pupils 

to the public schools "on a racially non-diseriminatory basis with 

all deliberate speed". 

| III 

That the order of this court dated May 16, 1960, is more in 

line with the eircumstances existing in the City of New Orleans 

than is the amending order which this court issued on April 3, 1962, 

and that the original order of this court dated May 16, 1960, con- 

forms elosely to similar orders entered by United States Distriet 

Courts in the Fifth Circult concerning the desegregation of the 

publie schools in conformity with the formula set out in BROWN. 

Iv 

That the judgment is eontrary to law in that 1t seeks to 

compel the Orleans Parish School Board to comply with the order of 

the court in BROWN to proceed to desegregate with due deliberate 

speed in changing from a segregated to a desegregated publlie school 

system and at the same time to comply with She principle of PLESSY 

ve, FERGUSON to maintain a system of separate but equal facilities 

until desegregation is accomplished. 

ALVIN J. LISKA 
CITY ATTORNEY 

JOSEPH H. HURNDON 
ASSISTANT CITY ATTORNEY 

ERNEST LI. SALATICH 
ASSISTANT CITY ATTORNEY 

Attorneys for Defendants-Intervenors, 
City of New Orleans, 
Vietor H. Schivo, Mayor, 
Joseph I. Glarrusso, Supt. of Police, 
100M 2W23, CITY HALL 
New Orleans 12, Louisiana. 



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US CIROLE 

NEW YORK 19, NEW YORK They 

4 RG al, &u i ET ad x & Phy a NT 4 he TA i Hay Please take notice that on the ; fag OF 

1 Ll Boom, a i of an a dr 902, the fendante-1ntervenors, by thelr undersigned attorneys, 

abtached Motion to Intervene as Defendants, and, 

tion for a New Trial, before the United tates Distrist Court 

ern District of lLoulsiana, New Orleans Division, 

at 10:00 o'elock AK., or as soon thereafter as counsel can be 

heard, 

JUSEEH HH, WUANDON, 
Assistant City Attorney 

BIOEST Li. ATICH, 
Assistant City Attorney 

Attorneys for Defendants. 
intervenors 

Room 2W23 - Civy Hall 

New Orleans, 1a. 



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