Griggs v. Duke Power Company Brief for Appellants

    IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

UNITED STATES OF AMERICA, ET AL 

APPELLANT 

VS. NOS. 28030 & 28042 

U.S. Dist. Court No. 

NOXUBEE COUNTY SCHOOL DISTRICT, ET AL 1372 

APPELLEE 

WILLIAM BRADLEY, ET AL., INTERVENERS 

MOTION TO ENJOIN   

Come your petitioners, the interveners in the above entitled 

and numbered cause, and bring this their suit to enjoin certain 

policies and practices of the Noxubee County School Board as herein 

below shown, and as cause thereon would show unto this Honorable 

Court the following to-wit: 

Jig : I. 

That on July 31, 1970 this Court rendered a Finding of Fact 

and Recommendations in the above styled and numbered cause, whereupon 

it recommended that the amended plan presented by the Noxubee County 

School Board be approved with the exception of its recommendation of 

rejection of said Board's request for permission to close certain 

schools in the event of the failure-of 85 percent of either black or 

white students to attend based upon its finding that such request 

was premature. 

Among the provisions of the amended plan of the Noxubee County 

School Board were the following: 

et it will be the purpose of the County Board 

of Education to work with diligence toward renovation 

of the physical facilities @t the former Noxubee 

County High School and the former Macon Elementary 

Attendance Center so that all high school students 

in the District may be accommodated with the eventual 

1 

» 

 



assignment of all elementary school students, that 
is to say, Grades One through Eight residing in the 
central zone to the former B. F. Liddell High School 
and B. F. Elementary Attendance Center. 

  

LY 

Additionally, Defendants propose to construct at or near 
the campus of the former Noxubee County High School a 
vocational educational complex which would offer courses 
of instruction in, among other vocations: Carpentry, 
brick masonry, automobile mechanics, farm equipment 
maintenance and repair. There will be likewise locat- 
ed in the said vocational educational complex a very 
comprehensive guidance center. It is proposed that 
all students regardless of race in the entire District 
desiring to study in any of the fields of instruction 
included in the curriculm of the vocational complex 
will be assigned to it. Said vocational complex will 
be an integral part of the high school of said District. 

Defendants have assurance that funds will be available 
for constructing and equipping the above mentioned voca- 
tional complex without any undue delay; and upon the approval 
of this plan of integration of the schools of this District, 
the Defendants propose to initiate forewith moves toward 
acquiring the funds and beginning construction of said 
vocational complex. 

IY. 

That upon information and belief petitioners allege that although 

the 1970-71 school year has passed since said amended plan was submitted 

to this Court and less than one month remains next prior to the beginn- 

ing of the 1971-72 school year, the Noxubee County School Board has 

exerted little or no diligence toward renovation of the physical 

facilities at the former Noxubee County High School and the former 

Macon Elementary Attendance Center so as to accommodate all high school 

students in the District or otherwise as proposed in its amended plan 

under Item III, paragraph l. of said amended plan; and that the facili- 

ties pursuant to same virturely remain the same as they were prior to 

the submission of said amended plan. * 

Iii. 

That upon information and belief little or nothing has been done 

to construct at or near the campus of the former Noxubee County High 

School a vocational education complex which would offer courses as 

provided for Item III, paragraph 2. of said amended plan; and that 

# 

little or nothing has been done to achieve any of the other proposals 

set forth in Item III, paragraph 2. of said amended plan; and that 

by [] 
° 

sr 

  

 



pursuant to same there is no construction whatsoever been started 

  

toward the achievement of same 55 as to make eA LiL brOHoALS a reality. 

Iv. 

That notwithstanding that the Noxubee County School Board alleged 

that they had assurance that funds would be available for constructing 

and equipping the said vocational complex without any undue delay and 

upon the approval of the plan of integration of the schools submitted 

to this Court, the same which was recommended for approval by this 

Court, there is no apparent evidence that there has been forthwith 

initiation of moves toward acquiring said funds and beginning the 

construction of said vocational complex, nor is there any other apparent 

evidence that any move whatsoever has been made to achieve the pro- 

posals set forth in Item III,paragraph 3. of said amended plan. 

V. 

That the Noxubee County School Board is practicing racial 

segregation and racial discrimation pursuant to its policies of hiring 

and placement policies in that they have created a personel composed 

of numerous whites in the areas of curriculum cordinators and teacher 

aids, counselors, supervisors and janitors, while at the same time 

said Board has achieved this end by demoting black assistant superin- 

tendent or superintendents to the status of principal. That one or more 

black principals and assistant principals have been replaced by a white 

principal or principals. Petitioners say that said practices by the 

Noxubee County School Board, on information and belief, have been 

soley upon the bases of ace. 

VI. 

Petitioners allege that upon information and belief, plans are 

being made by the Noxubee County School Board to move the presently 

existing atheletic field where football and possibly other sports are 

engaged in, from the 12th grade high school, which is surrounded by 

a complete or almost complete white cgmmunity to the junior high school 

campus which is surrounded entirely or predominately by a black community, 

° . 

  

 



  

soley for the purpose excluding balcks from said all white or nearly 

all white community during any atheletic events. That said plan 

constitutes a waste of funds which could be channeled into the improve- 

ment of facilities proposed in said amended plan, all soley for the 

purpose of avoiding black atheletic fans, students and adults, from 

coming into a complete or nearly complete white community for atheletic 

events; and that said ian is entirely based upon racial practice. 

Petitioners say that such practice is Sonerhey to the amended 

plan oboviding the renovation of physical facilities at the former 

Noxubee County High School and the former Macon Elementary Attendance 

Center so that all high school students in the district thereof may 

be accommodated. 

Vil. 

That there is a lack of books, equipment, materials and supplies 

for the teachers' use in adequatelyteaching thels classes in the Noxubee 

County Schools. Upon information and belief, much of the lack of 

books, equipment, materials and sapplies are attributable to a practice 

used or caused to be dsed by the Noxubee County School Board of 

channeling books, equipment, materials and supplies into private 

schools located in the Noxubee Coutity School area or that same is being 

done with the knowledge and consent of the Noxubee County School Board. 

That the public schools of Noxubee County, Mississippi are composed 

of entirely or almost all of the black students. That upon information 

and belief the private schools hereinabove referred to are composed 

entirely of white students. Upon information and belief a majority 

or a vast number of black students qualify for Title 1 funds in 

that upon information and belief ninety five to ninety seven percent 

of the black students enrolled in the public schools of Noxubee 

County come from poverty stricken homes which constitute a target 

area for Title 1 Funds. 

’ Vill. # 

That there is an unequal ratio of black teachers and principals and 

J 
[} 

RTE NEN J 5 NS I SR TN BRIE YR SER URW CIE. RN IIT MAGI (SM OES TRE A ing 7 EEE BT a AF LS TE RTE TO COS C000 AN oH RM OP EE UATE 3 a ie. : SA Rr 5 Spr TEA IE Sap 5 oT I SRR iS A po    



® ; . ” r { 

white teachers and principals in accordance with the ratio of black 

  

and white students enrolled in the Noxubee County Schools: 

IX. 

That the contracts of black teachers were held and are being held 

up until shortly next prior to the 1971-72 school term. That this 

practice creates insurety among black teachers of the Noxubee County 

Schools and causes them to suffer mental anxiety in not knowing 

whether they will be employed or whether they should apply elswhere 

for employment; and if so, whether it is too late. to seek other em- 

ployment. That such practice of holding up black teachers' contracts 

creates a petential loss of good and experienced teachers who may 

seek and gain employment .elswhere; and further creates a probable 

undue teacher turn over among black teachers. That upon information 

and belief the same conditions as herein mentioned are not prevelent 

+ among white teachers of the Noxubee County Schools. 

| Xo 

Although there are a vast number of black students enrolled in the 

‘Noxubee County Schools, upon information and belief, there is only one 

black person employed on the administrative level, the same shich is 

vastly out of proportion to the black and white student ratio of the 

students enrolled in the Noxubee County Schools. 

x1, 

Although a biracial advishiy committee is required which is to 

meet periodically whereupon, information is to be furnished to said 

committee by the superintendent of the Noxubee County School Board, 

as to the expenditures for the Title 1 program, and as otherwise provided, 

upon information and belief, no public information has been given as 

to expenditures for the Title 1 program. | 

; X11. 

That upon information and belief, all or nowt of the materials 

and equipment, such as audio visial machines and other teaching aids, 

that have been purchased with Title 1 monies, have not been placed 

in and cannot be found in the Noxubee County Schools, where all or 

  
    

 



% » : 1 

nearly all black students are enrolled. On information and belief, 

  

said materials and equipment have been chanheled tuto the private 

schools in the Noxubee County area. 

Such practice constitutes the installment of better training 

materials, equipment and facilities in said private schools, attended 

by all white students than is present in the Noxubee County Schools, 

attended by all or nearly all of the black students. That such practice 

is in violation of Title 1. 

X111. 

That the text books and other reading material in the Noxubee 

County Schools are old and obsolete. On information and belief, 

new books are purchased by the Noxubee County School Board-and are 

resold at a very small price to said private schools and/or otherwise 

channeled into said private schools. That this practice accounts 

for the presence of only obsolete and shortage of books in the Noxubee 

County Schools. 

That the shortage of books and materials in tho Noxubee County 

Public Schools are to the extent that the students enrolled therein 

have to study them among each other and leave them at school. 

XIV. 

That teacher aids who are employed in Even capicity who refuse 

to work with black teachers are given other assignments such as clerks, 

etc. That white teachers who refuse to eat in the dining room are 

provided with their own lounge/or lounges in which to eat their lunch 

XV. 2 

On information and belief, there is a general procedure by the 

Noxubee County School Board to manipulate and manage so as to deny 

the students of said schools their full rights under Title 1, and so 

as to perpetuate racial segregation and discrimination to the fullest 

extent which.can be conceived by the Noxubee County School Board, all 

in violation of Title 1, and as otherwise provided for by law, all 

which will be shown upon hearing. 

& 

 



4 » pe 
» ) 

  

XVI. 

Petitioners say that such practices have caused the students of 

Noxubee County Schools to suffer irreparable damages; and that such 

Sinciices, if allowed to continue, will cause the students enrolled 

in the Noxubee County Schools to further suffer irreparable damages; 

and that the acts contemplated, threaten petitioners with irreparable 

damages. 

XVII. 

That upon information and belief, the Noxubee County School Board 

is racially bias in that it engages in discrimitory practices against 

blacks in its distribution of books among black and white students. 

WHEREFORE, premises considered, petitioners herein, pray: 

(34 That process issue requiring defendant, Noxubee County 

School Board to appear at a time and place to answer this complaint. 

(b) That upon hearing, that a mandatory injunction be entered, 

compelling the defendant to perform the acts as recommended for approval 

by this Court in its Finding of Facts and Recommendations, until other- 

wise ordered by this Court. 

(c) That the defendant be permanently enjoined from performing 

the acts complained of shore; and 

(a) That complainants, petitioners herein, have such other and 

further relief as this Honorable Court may deem equitable, meet, just 

and proper in the premises. 

And in duty bound, your Copa LANs petitioners herein, will 

forever pray. ; 

Respectfully submietted, 

R. JESS BROWN 

125% North Farish Street 

Jackson, Mississippi 39201 

iy 2 NATHANIEL R. JONES 
JAMES I. MEYERSON 

N.AA.C.P. 
. 

- 1799 Broad 

    

   
  

New York 1001 

BY: 7) / 7 

’ R. UBR64 BROWN 4 

b 
° Attorneys for Petitioners 

© oe 

 



* y i 
! 

: . . . : 

. \ 

  

CERTIFICATE OF SERVICE 
  

I, R. Jess Brown, Attorney of ¥ecord for William Bradley 

et al., Intervenera, do hereby certify that I have this day 

served by United States Mail, postage prepaid, a true and correct 

copy of the foregoing Motion to Enjoin to the following: 

Honorable Dan M. Russell Jr., Judge 
United States District Court for 
the Southern District of Mississippi 
Federal Building, P. O. Box 1930 
Gulfport, Mississippi 39501 

Honorable A. F. Summer 

Attorney General of Mississippi 

New Capital Building 

Jackson, Mississippi 39205 

Honorable Dan Rinzel 

Assistant Attorney General 

. Civil Rights Division 
‘United States Department of Justice 
Washington, D. C.. 20530 

Honorable Ben Krage, Attorney 

Civil Rights Division 
United States Department of Justice 
906 Milner Building 

Jackson, Mississippi 39201 

Honorable Melvyn R. Leventhal, Attorney 
538% North Farish Street 
Jackson, Mississippi 39202 

Honorable Norman J. Chackhin, Attorney 
Suite 2030, 10 Columbus Circle 
New York, New York 10619 4 

WITNESS MY SIGNATURE, this the [= of 197}. 

/ L£3/7 ¢ rz J¥? 
R. [JESSE BROWN 
  

Attorpey at Law 

125%Worth Farish Street 
Jackson, Mississippi 39201