Complaint; Motion for Restraining Order and Preliminary Injunction; Supporting Memorandum and Affidavits

    IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

EARL BENJAMIN BUSH, et al., 

Plaintiffs, 

ORLEANS PARISH SCHOOL BOARD, et al., 

Defendants. 

ELSTON ALLEN, a minor, by his father and 
next friend, James Allen; 

GAIL ETIENNE, a minor, by her father and NO. 3630 
next friend, Theodile Etienne, Jr.; 

EARL JOHNSON, JR., a minor, by his father 
and next friend, Earl Johnson, Sr.: 

TESSIE PREVOST, a minor. by her father and 
next friend, Charles H. Prevost, Jr.: 

LEONA TATE, a minor, by her mother and 
next friend, Mrs. Louise Tate 

CIVIL ACTION 

and 

JAMES ALLEN, THEODILE ETIENNE, JR., 
EARL JOHNSON, SR., CHARLES H. PREVOST, 
Jr. and MRS. LOUISE TATE. 

Plaintiff~Intervenors. 

INTERVENORS' COMPLAINT 

1. The intervenors adopt and reassert the allegations of the 

complaint and first amended complaint herein, references in said com- 

plaint to the infant plaintiffs to include the infant intervenors, 

reference to the adult plaintiffs to include the adult intervenors and 

reference to the plaintiffs without specification to include all in- 

tervenors. 

2. The infant intervenors are five Negro school children who 

have been admitted tc the McDonogh No. 19 Elementary School, which was 

a formerly all white school, pursuant to this Court's orders in this 

case requiring the defendants to begin desegregation of the Orleans 

Parish public school system. The adult intervenors are the parents 



of the infant intervenors, and all of them are Negro citizens of the 

United States and residents of New Orleans, Louisiana. All of the 

intervenors are members of the class represented by the original 

plaintiffs in this cause, and they are entitled to the benefits of 

the Court's orders in this cause. 

3. This Court entered a final injunction requiring the defend=- 

ants to take steps to desegregate the public schools on October 23, 

1958: the Court entered a further order on May 16, 1980 requiring the 

defendants to begin desegregation of the first grade in the Orleans 

Parish school system during the 1960-1961 term. The only actual 

desegregation which has been carried out by the defendants has con- 

sisted of the admission of 12 Negro pupils in formerly all-white 

schools. During the 1960-1961 school term, eit ‘2gro pupil was ad- 

mitted to the William Frantz School and 3 lezro pupils (intervenors 

Leona Tate, Tessie Prevost and Gail Etienne) were admitted at the 

McDonogh No. 19 School. During the current school term, two addition- 

al Negro pupils (intervenors Elston Allen and Earl Johnson, Jr.) were 

admitted at McDonogh No. 19, two Negro pupils were admitted at Judah 

P. Benjamin School, two Negro pupils were admitted at Lusher School, 

one Negro pupil was admitted at McDonogh No. 11 School and one Negro 

pupil was admitted at Wilson School. All other pupils in the Parish 

school system except those attending the schools mentioned above are 

still assigned to racially segregated schools in accordance with 

separate school attendance areas established on the basis of race. 

4. On January 22, 1962, the defendant Orleans Parish School 

Board redesignated McDonogh No. 19 School as an all-Negro school, 

effective January 24, 1962. The defendant Board has assigned a large 

number of Negro pupils attending neighboring schools to McDonogh No. 

19 and at the same time has determined to transfer all of the white 

pupils attending McDonogh No. 19 to other schools while refusing the 

five infant intervenors the right to transfer to the schools which 

their present white classmates will attend. 

5. The effect of this action by the defendant Board will be to 

deny the plaintiff-intervenors the right to attend a nonsegregated 

-D 



school and to transform McDonogh No. 19 from a desegregated to a seg- 

regated all-Negro school. The infant intervenors have been denied, on 

a racial basis, transfer privileges which are granted to white pupils 

similarly situated. 

6. The defendants or their agents and employees have made re- 

peated efforts to persuade the adult intervenors to accept this 

planned re-segregation of these pupils. The adult intervenors have 

personally, and by their attorneys, advised the defendants that they 

demand for their children the same rights and privileges with respect 

to transfers which the defendants accord to white pupils attending 

McDonogh No. 19. However, the defendants have failed and refused to 

grant the intervenors the right to attend the same schools that their 

present white classmates will attend. 

7. The actions, practices and planned actions of the defendants 

mentioned above, constitute racial discriminations against the 

intervenors, and deny them their rights under the equal protection 

and due process clauses of the Fourteenth Amendment to the Constitu- 

tion of the United States. 

8. Unless the intervenors are afforded the relief sought herein, 

the defendants will continue the discriminatory policy, practice and 

plan mentioned above and will effectuate the re-segregation of the 

infant intervenors in the public schools of Orleans Parish, Plain- 

tiffs are threatened with irreparable injury by reason of the policy, 

practice and plan complained of herein and have no adequate remedy at 

law to obtain relief therefrom. 

WHEREFORE, plaintiff-intervenors respectfully pray that the 

Court, upon the filing of this complaint, enter a temporary restraim~ 

ing order, and after notice and hearing enter a preliminary and a 

final injunction prohibiting the defendants from taking any action 

that has the effect of denying the infant intervenors an opportunity 

to continue to attend a racially desegregated public school, and 

restraining the defendants from taking any action to deny the plain- 

tiff-intervenors any rights, privileges or options with respect to 

school transfers which are granted to white pupils attending the 

“3 = 



McDonogh No. 19 School. Plaintiffs-intervenors request that the 

Court grant such other and further relief as may seem just and 

proper. 

Respectfully submitted, 

A. P, Tureaud 
1821 Orleans Avenue 
New Orleans 16, Louisiana 

Jack Greenberg 
James M. Nabrit, III 
10 Columbus Circle 
New York 19, New York 

Attorneys for Plaintiff-Intervenors 



IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

EARL BENJAMIN BUSH, et al 

Plaintiffs, 

CIVIL ACTION 
NO. 3630 

Ve 

ORLEANS PARISH SCHOOL BOARD, et al., 

Defendants. 

ELSTON ALLEN, a minor, by his father 
and next friend, James Allen; 

GAIL ETIENNE, a minor, by her father 
and next friend, Theodile Etienne, Jr.; 

EARL JOHNSON, JR., a minor, by his father 
and next friend, Earl Johnson, Sr.; 

TESSIE PREVOST, a minor, by her father . 
and next friend, Charles H. Prevost, Jr.; 

LEONA TATE, a minor, by her mother and 
next friend, Mrs. Louise Tate 

and 

JAMES ALLEN, THEODILE ETIENNE, JR., 
EARL JOHNSON, SR., CHARLES H. PREVOST, JR., 

and MRS. LOUISE TATE. 

Plaintiff-Intervenors 

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MOTICN FOR A TEMPORARY RESTRAINING ORDER 
AND FOR A PRELIMINARY INJUNCTION 

Upon the intervenors' complaint and the affidavits attached 

hereto, the plaintiff-intervenors move the court as follows: 

1. To issue a temporary restraining order restraining the 

defendant Orleans Parish School Board, and its agents, servants and 

employees from taking any action having the effect of denying to 

the infant intervenors the opportunity to continue to attend a 

desegregated public school, and from taking any action to deny the 

said intervenors any rights, privileges or options with regard to 

school transfers which are granted to white pupils attending the 



McDonogh No. 19 School, pending a hearing upon the issuance of a 

preliminary injunction and determination thereof. 

2. To issue a preliminary injunction restraining the defendant 

Orleans Parish School Board and its agents, servants and employees 

from taking any action having the effect of denying to the infant 

intervenors the opportunity to continue to attend a desegregated 

public school, and from taking any action to deny the intervenors 

any rights, privileges or options with regard to school transfers 

which are granted to white pupils attending the McDonogh No. 19 

School, pending a final hearing and determination of this cause, 

The grounds for the motions, as more fully set forth in the 

intervenors' complaint and the attached affidavits, are that: 

a. Immediate and irreparable injury wil result to the plain- 

tiff-intervenors before notice can be served and a hearing had 

thereon as more fully apvoears from the verified complaint and affi- 

davits as attached hereto, in that the defendants will, unless 

enjoined, take action on January 24, 1962, to deny the plaintiff- 

intervenors the opportunity to continue to attend a desegregated 

public school. 

b. No injury will be sustained by the defendants through the 

issuance of a temporary restraining order and preliminary injunction, 

in that the defendants have adequate alternative means of dealing 

with any public school problems without denying the intervenors 

their right to desegregated education and without denying them 

transfer privileges granted to white pupils similarly situated. 

Respectfully submitted, 

A. P, Tureaud 
1821 Orleans Avenue 
New Orleans 16, Louisiana 

Jack Greenberg 
James M. Nabrit, III 
10 Columbus Circle 
New York 19, New York 

Attorneys for Plaintiff-Intervenors 



IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

EARL BENJAMIN BUSH, et al., 

Piaintiffs, 

CIVIL ACTION 
NO. 363C 

ORLEANS PARISH SCHOOL BOARD, et al., 

Defendants. 

ELSTON ALLEN, a minor, by his father 
and next friend. James Allen; 

GAIL ETIENNE, a minor, by her father 
and next friend, Theodile Etienne, Jr.; 

EARL JOHNSCN, JR., a minor, by his father ) 
and next friend, Earl Johnson, Sr.; 

TESSIE PREVOST, a minor, bv her father 
and next friend, Charles H. Prevost, Jr.; 

LEONA TATE, a minor, by her mother and 
next friend, Mrs. Louise Tate 

and 

JAMES ALLEN, THEODILE ETIENNE, JR., 
EARL JOHNSON, SR., CHARLES H. PREVOST, JR., 

and MRS. LOUISE TATE. 

Plaintiff-Intervenors 

MEMORANDUM OF POINTS AND AUTHORITIES 
IN SUPPORT OF THE MOTION FOR A TEMPORARY 

RESTRAINING ORPER AND PRELIMINARY INJUNCTION 

A temporary restraining order and preliminary injunction are 

necessary to prevent immediate and irreparable injury to the inter- 

venors and to preserve the status quo pending a final hearing on 

the merits. 

The defendants planned action to convert the McDonogh No. 19 

School into an all-Negro school, thereby depriving the intervenors 

of the opportunity to attend a desegregated school, deprives these 

intervenors of their rights under the Fourteenth Amendment. McCoy 

v. Greensboro City Board of Education, 283 F.2d 667 (4th Cir. 1960). 



The defendants' refusal to accord the intervenors transfer 

privileges granted to white pupils similarly situated, except for 

race, is a clear denial of equal protection of the laws in violation 

of the Fourteenth Amendment. Boson v. Rippy, 285 F.2d 43 (5th Cir, 

1960); Mannings v. Board of Public Instruction, 277 F.2d 370 (5th 

Cir. 1960). 

Respectfully submitted, 

A. P. Tureaud 
1821 Orleans Avenue 
New Orleans 15, Louisiana 

Jack Greenberg 
James M. Nabrit, III 
10 Columbus Circle 
New York 12, New York 

Attorneys for Plaintiff-Intervenors 



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CERTITFIEATE OF SERVICE 

lotion to Intervene, Intervenor's €@omplaint, Motion 

for Temporary Restraining Order and Preliminary 

Injunction, Memorendum of Points and Authorities, 

and the supporting affidavits of A, P, Tureaud, ESQ. , 

James Allen and Charles H. Prevost, Jr., upon the 

defendant's counsel by personally delivering seme to 

& Clerk dn the office of Samuel I. Rosenberg, E8Qe 9 

xT 
¥ National Bank of Commerce Building, 

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® Louisiana, and by depositing copies in the United 

States mail, postage prepaid addressed to Jack P. F. 

Gremillion, Attorney General of Louisisma, State 

Capitol Building, Baton Rouge, Loulsiena, and to 

Hon, Katherine Ruddell, United “tates Aftorney for the 

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3 ederal Bullding, New Orleans, Louisiena, on this the 

3rd day of January, 1962, 

s (Counsel for Amicus Curiae)