Plaintiffs' Response to Renewed Motion for Order of Dismissal and Motion for Supplemental Order

     [||3c5722df-f378-4f0a-bf24-7ad645f0a38a||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

DELTA DIVISION 

REBECCA E. HENRY, et al., 

Plaintiffs, 

VS. 

CLARKSDALE MUNICIPAL SEPARATE’ CIVIL ACTION 
SCHOOL DISTRICT, et al., : 15 ng dinar 

Defendants. 

PLAINTIFFS' RESPONSE TO RENEWED 
MOTION FOR ORDER OF DISMISSAL 

AND MOTION FOR SUPPLEMENTAL ORDER 

Plaintiffs hereby object to defendants' Motion For An 

Order Of Dismissal and move the Court for supplemental relief 

for the following reasons: 

1) The school district has not yet achieved a unitary 

system free from racial discrimination; 

2) Specifically, this school district continues to 

engage in racially discriminatory hiring practices as found 

and condemned by this Court in Hardy v. Porter, # DC 74-103-K, 

and alleged in Verdia Jones v. Clarksdale Municipal Separate 

School District, # 77-94-K, with respect to faculty, administra- 

tors and staff; 

3) Although this school district is 83% black in student 

population and the area it serves is at least majority black in 

its labor force, its faculty is only 42% black overall and 36% 

black at the elementary level; 

4) Despite the fact that black faculty is 42% overall 

and 497% at the secondary level, 85% of the faculty at the 

junior high school is black, in contrast to the high school 

where only 26% of the faculty is black; 



5) The student body ratio 83% black reflects the exodus 

to all-white private schools in the district especially at the 

junior high level where only 9 of 521 students are white; 

6) Of the 298 white elementary students, 229 are in 

two white majority schools, another 61 attend a school in 

which whites number 26%, and the remaining 8 students are di- 

vided among four schools which are attended by 1194 black 

pupils; only 322 or 22% of the black elementary pupils are 

attending schools which are less than 99% black; 

7) On information and belief, defendants have not dis- 

tributed resources between those elementary schools attended 

by a 99% black student body and those with substantial or ma- 

jority white population on an equal or equitable basis to the 

detriment of the practically all-black schools; 

8) Defendants continue to engage in racially discrimi- 

natory activity with respect to pupil placement, pupil recog- 

nition and overall treatment of black pupils; 

9) In any event, this Court should not dismiss this 

cause because there is a need for permanent injunctive relief 

which is enforceable by a simple recall of this case to active 

status rather than new litigation, for the foreseeable future; 

Based on the foregoing, plaintiffs pray that defendants’ 

motion for order of dismissal be denied and that this Court 

enter an order 

1) Assuring a discontinuation of discriminatory hiring 

practices by implementing such goals and timetables as are 

necessary to correct the deficiencies which will be shown at 

a hearing in this cause. 

2) Enjoining further disparities in the allocation of 

resources between schools attended predominately by blacks 

and those with significant white populations. 



3) Correcting the faculty imbalance at the secondary 

level so that the make-up of the faculty at the high school 

and the junior high school will more nearly reflect the racial 

make-up of the faculty as a whole. 

4) Granting plaintiffs attorneys fees in connection 

with the defense against defendants' motion to dismiss and 

the prosecution of plaintiffs' motion for further relief. 

5) Granting such other relief as the Court may deem 

just and proper. 

Respedt fully submitted, 

BANKS & NICHOLS 
318 East Pearl Street 
Jackson, MS 39201 

BILL LANN LEE 

Suite 2030 
10 Columbus Circle 
New York, New York 10019 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 

I hereby certify that on this 22nd day of May, 1979, I 

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

copy of the foregoing Plaintiffs' Response To Renewed Motion 

For Order Of Dismissal And Mot ion For Supplemental Order upon 

Semmes Luckett, Esquire, 121 Yazoo Avenue, Clarksdale, MS 

= RENN, 
ly L. BANKS, ‘JR. [||3c5722df-f378-4f0a-bf24-7ad645f0a38a||]