Brown v Dent Plaintiffs Motion for Partial Summary Judgment

    IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

NO. 71-3305

YVONNE MARIE BOYD, et al.,
Plaintiffs,

UNITED STATES OF AMERICA,
Plaintiff-Intervenor 

Appellant,
vs.

POINTE COUPEE PARISH SCHOOL BOARD,
Defendants-Appe1lees.

Appeal from the United States District Court 
for the Eastern District of Louisiana 
[now the Middle District of Louisiana]

MOTION TO SUPPLEMENT RECORD and MEMORANDUM 
OF PLAINTIFFS AS AMICI CURIAE

A. M. TRUDEAU
1125 N. Claiborne
New Orleans, Louisiana 70116

MURPHY W. BELL
1438 East Boulevard 
Baton Rouge, Louisiana

JACK GREENBERG
NORMAN J. CHACHKIN 

10 Columbus Circle 
New York, New York‘ 10019

Attorneys for Plaintiffs

t



IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT

NO. 71-3305

YVONNE MARIE BOYD, et al.,
Plaintiffs,

UNITED STATES OF AMERICA,
Plaintiff-Intervenor Appellant,

vs .
POINTE COUPEE PARISH SCHOOL BOARD,

Defendants-Appellees.

Appeal from the United States District Court 
for the Eastern District of Louisiana 
[now the Middle District of Louisiana]

MOTION TO SUPPLEMENT RECORD

Plaintiffs, participating in this appeal as amici curiae 
pursuant to the order of this Court entered January 11, 1972, 
respectfully pray that this Court grant leave to supplement 
the record herein so as to include the latest report on school 
desegregation filed by the defendants-appe1lees on or about 
May 3, 1972 pursuant to this Court's order in Hall v. St.
Helena Parish School Board, 443 F.2d 1181 (5th Cir. 1971).



Copies of said report are attached to this motion and addi­
tional copies have been lodged with the Clerk of this Court. 
The relevance of this information is obvious; in particular, 
it indicates the continuation of almost totally segregated 
classes at the Upper Pointe Coupee School for the current 
semester as well as the district's failure to comply with 
Singleton and the untoward results of the district court's 
ex parte 1970 order permitting relinquishment of the HEW plan.

WHEREFORE, plaintiffs, amici curiae, respectfully pray 
that this Court permit the record to be supplemented by the 
inclusion of the attached report.

t

Respectfully submitted,

A. M. TRUDEAU
1125 N. Claiborne New Orleans, Louisiana 70116

MURPHY W. BELL1438 East Boulevard 
Baton Rouge, Louisiana

JACK GREENBERG 
NORMAN J. CHACHKIN 10 Columbus Circle 

New York, New York 10019
Attorneys for Plaintiffs

- 2 -



IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

NO. 71-3305

YVONNE MARIE BOYD, et al. ,
Plaintiffs,

UNITED STATES OF AMERICA,
Plaintiff-Intervenor Appellant,

vs.
POINTE COUPEE PARISH SCHOOL BOARD,

Defendants-Appellees.

Appeal from the United States District Court 
for the Eastern District of Louisiana 
[now the Middle District of Louisiana]

MEMORANDUM OF PLAINTIFFS AS AMICI CURIAE

Plaintiffs did not file additional material following 
this Court’s January 11, 1972 order limiting their participa­
tion to the role of amici in this matter because we do not 
desire to burden the Court with additional documents which 
would merely repeat arguments made in our tendered brief on 
this appeal and our amicus brief on the prior appeal. No.
30467. in light of the Spring, 1972 report of the School Board 
which is the subject of the annexed Motion to Supplement



Record, we do submit, the following brief comments.
The report reveals that the institution of a tracking 

program at the Upper Pointe Coupee School, which offers 
vocational and academic curricula in grades 1 through 12, just 
as was the case in Lemon v. Bossier Parish School Boardf 444 
F.2d 1400, 446 F.2d 911 (5th Cir. 1971), results in almost 
total classroom segregation in this Parish. Of 44 classes,
31 have no white students. of the remaining 13 classes (one 
section of each grade), three have no black students, five 
have three or fewer black students. The remaining five sec­
tions enrolled over 20 white students each along with, 
respectively, four, five, seven, nine, and nine black students.

Certainly plaintiffs do not quarrel with the desire of 
those who signed the petition attached to the Supplemental 
Brief of appellees herein to maintain and strengthen vocational 
course offerings in this school system. Of course, the 
petition was not presented at an evidentiary hearing nor did 
any of its signers testify so that we are unable to determine 
the degree to which the signers intended to support continued 
segregated classes or merely continued vocational course 
offerings. In any event no degree of public support for the 
former, even assuming that was the intention of the petition 
signers, would make it constitutionally permissible. Surely 
a well-rounded educational program including vocational 
offerings can be afforded the students of Pointe Coupee 
Parish and, in particular, the Upper Pointe Coupee area, 
without almost total classroom segregation.

- 2 -



We urge this Court to reverse upon the authority of Lemon 
and to direct either reinstitution of the HEW plan or sub­
mission by the School Board of a new non-discriminatory plan, 
to be approved only after adequate hearings and findings by 
the district court. In light of the confused procedural 
posture of this case, which results in large measure from the 
district court's ex parte rulings and failure to notify 
counsel thereof, perhaps jurisdiction should be retained here 
until a satisfactory plan has been approved by this Court.
Cf. Gordon v. Jefferson Davis Parish School Board, 446 F.2d 
266 (5th Cir. 1971).

The report (page 11) also clearly illustrates the 
district's failure to comply with the requirements of Singleton, 
and the figures speak so loudly and clearly that no further 
comment is indicated.

Finally, the continued all-black operation of Labarre, 
Rosenwald and St. Alma Schools is the direct result of the 
district court's ex parte approval in 1970 of modifications 
to the HEW plan. See Transcript of Hearing, August, 1971, pp. 
57-59. Under the circumstances of this case, where 30 white 
students who were projected in 1970 to attend Labarre with 238 
black students, where 50 white students were projected to 
attend Rosenwald with 800 black students, and where 52 whites 
were projected to attend St. Alma with 220 black students, and 
none of these white students in fact enrolled, and finally 
where such a plan producing such projections was instituted

-3-



despite the availability of a superior alternative HEW plan 
involving pairing, rather than zoning, it can hardly be 
maintained that the Pointe Coupee Parish system is presently 
operating a unitary school system. See Boykins v. Fairfield 
Bd. of Educ,, No. 71-3028 (5th Cir., Feb. 23, 1972).

WHEREFORE, for the foregoing reasons, amici respectfully 
submit that the judgment of the district court should be 
reversed or vacated and the case remanded for reinstitution 
of the HEW plan or submission by the School Board of a new 
and equally effective desegregation plan for the entire Parish, 
to be approved only upon appropriate hearings and findings by 
the district court; or in the alternative that this Court 
retain jurisdiction for the same purposes.

Respectfully submitted

A. M. TRUDEAU/1125 N. ClaiborneNew Orleans, Louisiana 70116
MURPHY W. BELL1438 East Boulevard 

Baton Rouge, Louisiana
JACK GREENBERG
NORMAN J. CHACHKIN 10 Columbus Circle 

New York, New York 10019
Attorneys for Plaintiffs



CERTIFICATE OF SERVICE

I hereby certify that on this 9th day of Way, 1972, I 
served two copies of the foregoing Motion to Supplement Record 
and Memorandum of Plaintiffs as Amici Curiae upon the attorneys 
for the parties herein, John F. Ward, Jr., Esq., 206 Louisiana 
Avenue, Baton Rouge, Louisiana and Gerald Kaminski, Esq.,
United States Department of Justice, Washington, D. C. 20530, 
by United States mail, first-class postage prepaid.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA 

BATON ROUGE DIVISION
YVONNE MARIE BOYD, ET AL
VERSUS CIVIL ACTION NO. 3164
POINTE COUPEE PARISH SCHOOL BOARD

MOTION SUBMITTING STATISTICAL REPORTS 
IN COMPLIANCE WITH COURT ORDER

On July 20, 1971, pursuant to mandate of the United States Court 
of Appeals for the Fifth Circuit, this Court ordered respondent school board to 
file with the Court and opposing counsel, reports similar to those required 
by the Court of Appeals In United States vs. Hinds County School Board, S Cir., 
1970, 433 F.2d 611, In October and April of each year.

The documents attached hereto, prepared or compiled under the 
supervision of the Superintendent of Schools, constitutes such report and 
are filed In compliance with said order.

Respectfully submitted,
POINTE COUPEE PARISH SCHOOL BOARD

By_____________________________
John F. ward, Jr., Special Counsel

CERTIFICATE CF SBtVICE
I hereby certify that a copy of the above and foregoing motion and 

attached report have this day been forwarded by United States Mall, postage 
prepaid, to Mr. Norman Chachkln, Attorney at Law, 10 Columbus Circle, New
York, New York, and the U. S. Department of Justice, Washington, D. C.

Baton Rouge, Louisiana, this 3rd day of May, 1972.

John F. ward, Jr.



STUDENT en r o ll; ENT 
APRIL 15, 1972

POIHTE COUPEE PARISH SCHOOLS

School Black Uhite Total
1. LaBarre Elementary (K-8) 257 0 257
2. Livonia High (7-12) 150 190 340
3. Horganza High (IC-12) 215 104 399
4. Poydras High (K-12) 247 235 532
5. Rosenwald High (IC-12) 1253 0 1253
6 . Rougon High (IC-12) 301 102 403
7. St. Alma Elementary (IC-6) 146 0 146

• Upper Pointe Coupee (IC-12) 909 272 1261
• Valverda Elementary (IC-6) 193 290 403

TOTAL 3756 1411 5167
"■ ' ' ~~ 1 ' *



1ABARRE ELEiENTARY SCHOOL 
GRADES K-0

1971-72 SCHOOL SESSIOH

STUDEUT EHROLLIEHT - APRIL 15, 1972

Grade Black Uhite Total
K 19 0 19
1 25 0 25
2 27 0 27
3 21 0 21
4 42 0 42
5 29 0 29
6 29 0 29
7 33 0 33
3 27 0 27

Total 257 0 257



LIVONIA HIGH SCHOOL 
GRADES 7-12

1971-72 SCHOOL SESSION

STUDENT ENROLLiENT - APRIL 15, 1972

Grade Black White Total

7-A 17 16 33
7-B 12 19 31
7-C 24 (53) 15 (50) 39 (103)

8-A 23 9 32
3-B 7 (30) 27 (36) 34 (66)

9-A 11 14 25
9-B 13 (24) 11 (25) 24 (49)

10-A 5 22 27
10-B 9 (14) 12 (34) 21 (48)

11-A 8 11 19
U-B 6 (14) 14 (25) 20 (39)

12 15 28 43

Total 150 190 348



MORGANZA HIGH SCHOOL 
GRADES K-12 

1971-72 SCHOOL SESSION

STUDENT ENROLLMENT - APRIL 15, 1972

Grade Black White Total

K 12 2 14

1 18 10 28

2 15 14 29
3 15 12 27
A 19 10 29

5 16 13 29
6 19 12 31
7-A 8 12 20
7-B 9 (17) 3 (15) 12 (32)

a-A 10 14 24
8-B 13 (23) 7 (21) 20 (44)
9 20 20 40
10-A 10 13 23
10-B 9 (19) 3 (16) 12 (35)
11 6 17 23
12 16 22 38

Total 215 184 399



POYDRAS HIGH SCHOOL 
GRADES K-12 

1971-72 SCHOOL SESSION

STUDENT ENROLLHENT - APRIL 15, 1972

Grade Black White Total

IC 15 0 23

1-A 15 17 32
1-B 18 (33) 13 (30) 31 (63)

2-A 13 15 28
2-B 14 (27) 17 (32) 31 (59)

3-A 12 11 23
3-B 12 (24) 11 (22) 23 (46)

4-A 14 10 24
4-B 11 (25) 10 (20) 21 (45)

5 6 24 30

6-A 12 11 23
6-B 13 (25) 9 (20) 22 (45)

7-A 14 13 27
7-B 14 (28) 13 (26) 27 (54)

3-A 9 14 23
3-B 10 (19) 17 (31) 27 (50)

9-A 9 10 19
9-B 7 (16) 10 (20) 17 (36)

10-A 6 12 18
10-B 12 (18) 5 (17) 17 (35)

4 16 20

7 19 26

247 285 532Total



ROSENWALD HIGH SCHOOL 
GRADES 1C-8

1971-72 SCHOOL SESSIOM

STUDEHT Ei-mOLLUEHT - APRIL 15, 1972 

Grade Black Uhite Total
1C-A 24
K-B 26
K-C 20
1-A 35
1-B 36
1-C 36
2-A 30
2-B 29
2-C 24
3-A 20
3-B 29
3-C 31
4-A 38
4-B 39
5-A 20
5-B 30
5-C 29
5-D 28
6-A 40
6-B 40
7-A 32
7-3 31
7-C 31
7-D 29
8-A 23
C-B 20
0-C 24
8-D 27
9-A 30
9-3 30
9-C 27
9-D 20
10-A 24
10-B 23
10-C 25
10-D 24
11-A 22
11-B 20
11-C 20
11-D 25
12-A 20
12-B 27
12-C 23
12-D 24

1253

0 24
0 26
0 23
0 35
0 36
0 36
0 30
0 29
0 24
0 28
0 29
0 31
0 38
0 39
0 28
0 30
0 29
0 20
0 40
0 40
0 32
0 31
0 31
0 29
0 23
0 23
0 24
0 27
0 30
0 30
0 27
0 28
0 24
0 23
0 25
0 24
0 22
0 20
0 20
0 25
0 20
0 2 7
0 23
0 24

0 1253Total



ROUCON HIGH SCHOOL 
GRADES IC-12 

1971-72 SCHOOL SESSION

STUDENT ENROLL! IE NT - APRIL 15, 1972
Grade 31aclc Nhite Total
;;-a 14 4 10
1C—B 15 (29) 2 (6) 17 (35)
1 19 14 33
2 16 13 29
3 13 17 30
4 16 13 29
5 20 19 39
6 19 13 32
7-A 13 16 29
7-B 22 5 27
7-C IB (53) 4 (25) 22 (78)
0-A 15 14 29
0-B 16 (31) 6 (20) 22 (51)
9-A 11 11 22
9-B 10 0 10
9-C 12 (33) 0 (11) 12 (44)
10-A 9 10 19
10-B 12 (21) G (10) 20 (39)
11-A 7 3 10
11-B 10 (17) 1 (4) 11 (21)
12 14 9 23

Total 301 1G2 403



ST. ALiiA ELEiiEIITARY SCHOOL 
GRADES IC-6

1971-72 SCHOOL SESSION

STUDENT EHROLLilENT - APRIL 15. 1972

Grade Black White Total

K 20 0 20
1 23 0 23
2 23 0 23
3 14 0 14
4 27 0 27
5 17 0 17
6 22 0 22

Total 146 0 146
xs —



UPPER POINTE COUP’EE SCHOOL
GRADES K- 12

1971-72 SCHOOL SESSION

STUDEUT EUROLLIiElIT - APRIL 15, 1972

Jrade Black White Total

I'-A .2 16 10
k-b 23 0 23
K-C 25 0 25
;c-d 24 (74) 0 (16) 24 (90)

1-A 9 20 37
1-B 32 0 32
l-c 30 0 30
1-D 27 (90) 0 (20) 27 (126)

2-A 9 20 37
2-B 36 0 36
2-C 35 (00) 0 (23) 35 (100)

3-A 7 20 35
3-B 41 0 41
3-C 41 (09) 0 (20) 41 (117)

4-A 3 25 20
4-B 32 0 32
4-C 30 (65) 0 (25) 30 (90)

5-A 5 23 20
5-B 39 0 39
5-C 35 (79) 0 (23) 35 (102)

6-A 4 23 27
6-B 30 0 30
6-C 20 0 20
6-D 30 (92) 0 (23) 30 (115)

7-A 0 27 27
7-B 30 0 30
7-C 30 0 30
7-D 29 (09) 0 (27) 29 (116)

B-A 2 20 22
0-B 41 0 41
C-C 45 (00) 0 (20) 45 (108)

9-A 3 17 20
9-B 25 0 25
9-C 25 (53) 0 (17) 25 (70)

10-A 0 22 22
10-B 25 0 25
10-C 24 0 24
10-D 23 (72) 0 (22) 23 (94)

11-A 0 <_> nu
U-B 31 0 31
11-C 32 (63) 0 (0) 32 (71)

1 2-A 1 7 0
12-n 24 0 24
12-C 22 (47) 0 (7) 22 (54)

Total 909 272 1261



10

VALVERDA ELEMENTARY SCHOOL
GRADES K-• 6

1971-72 SCHOOL SESSION

STUDENT ENROLLMENT - APRIL 15, 1972

Grade Black White Total
1C-A 11 14 25
IC-B 11 (22) 15 (29) 26 (51)
1-A 12 14 26
1-B 11 13 24
1-C 12 (35) 14 (41) 26 (76)
2-A 11 16 27
2-B 11 14 25
2-C 10 (32) 12 (42) 22 (74)
3-A 16 21 37
3-B 16 (32) 20 (41) 36 ( 73)
4-A 10 26 36
4-B 11 (21) 24 (50) 35 (71)
5-A 16 24 40
5-B 13 (29) 28 (52) 41 (31)
6-A 13 19 32
6-B 14 (27) 16 (35) 30 (62)

Total 193 290 488



11

TEACHERS
POINTE COUPEE PARISH PUBLIC SCHOOLS 

APRIL 15, 1972

Full-time teachers by race in district: (includes principals)

Black White Total

161 91 252

Full-time teachers by race in each school district: (includes principals)

School Black White Total

LaBarre Elementary (K-8) 7 3 10

Livonia High (7-12) 6 14 20

iiorganza High (K-12) 9 13 22

Poydras High (K-12) 7 20 27

Rosonwald High (K-12) 53 3 56

Rougon High (K-12) n 16 27

St. Alma Elementary (IC-6) 7 1 8

Upper Pointc Coupee (K-12) 49 13 62

Valverda Elementary (IC-6) 11 7 10

TOTAL 160 90 250

Parish Speech Therapists l 1 2

GRAND TOTAL 161 91 252



12

POINTS COUPEE PARISH PUBLIC SCHOOLS 

APRIL 15, 1972

TRANSPORTATION

The transportation of the Pointe Coupee Parish School System is 

desegregated, and white and black students are transported without regard 

to race to the school that they attend. Approximately 00% of the school 

busses in the parish transport white and black students daily on the same 

busses.

FACILITIES

All facilities, such as gymnasiums, auditoriums, and cafeterias, 

arc being operated on a desegregated basis.

The school board does not have any school construction going on 

at the present time. The board is in the process of making a facility 

study for possible future parish-wide construction.

The school board has not abandoned or sold any school facilities, 

equipment, or supplies having a total value of more than $500 since it 

has been ordered to desegregate.

BI-RACIAL ADVISORY COifillTTEE

The school board does not have a parish-wide bi-racial committee; 

however, each community in the parish has established a bi-racial committee 

to help in the establishment of and the maintenance of a unitary school

system.



12

POINTE COUPEE PARISH PUBLIC SCHOOLS 

APRIL 15, 1972

TRANSPORTATION

The transportation of the Pointe Coupee Parish School System is 

desegregated, and white and black students are transported without regard 

to race to the school that they attend. Approximately 80% of the school 

busses in the parish transport white and black students daily on the same 

busses.

FACILITIES

All facilities, such as gymnasiums, auditoriums, and cafeterias, 

are being operated on a desegregated basis.

The school board does not have any school construction going on 

at the present time. The board is in the process of making a facility 

study for possible future parish-wide construction.

The school board has not abandoned or sold any school facilities, 

equipment, or supplies having a total value of more than $500 since it 

has been ordered to desegregate.

BI-RACIAL ADVISORY COililITTBE

The school board does not have a parish-wide bi-racial committee; 

however, each community in the parish has established a bi-racial committee 

to help in the establishment of and the maintenance of a unitary school

system.