Draft Conclusion of Law 2

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January 1, 1971

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  • Case Files, Milliken Hardbacks. Draft Conclusion of Law 2, 1971. 8a319fa4-52e9-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/da541820-5457-4d4e-a6ee-9de4ce99656f/draft-conclusion-of-law-2. Accessed October 12, 2025.

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    UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

RONALD BRADLEY, et al,, )
X ' lPlaintiffs )
VS. |

1WILLIAM G. MILLIKEN, et al» , )
1Defendants }.

DETROIT FEDERATION OF TEACHERS, ) 
LOCAL #231, AMERICAN FEDERATION } 
OF TEACHERS, AFL-CIO )

IDefendant^ ) 
Intervenoir )_

and j
lDENISE MAGDOWSKI, et al,, \
YDefendants-) 

Intervenor )

CIVIL ACTION NQ; 
35257

CONCLUSIONS OF LAW
42. Where a pattern of violation of constitutional rights is 
established the affirmative obligation under the 14th Amendment is 
imposed on not only individual school districts, but upon the State 
defendants in this case. Cooper v . Aaron, 358 U.S, 1 (1958);
Griffin v. County School Board of Prince Edward County, 377 U,S, 218 
(1964)? United States v, Georgia Civ, No. 12972 CN.D, Ga,, December 17, 
1970), rev*d on other grounds, 428 F 2d (5th Cir) 1970)s Goodwin v. 
Johnston County Board of Education, 301 F. Supp, 1337 (E.D. N.C. 1969);

v « Macon County Board of Education, 267 F. Supp, 458 (M.D, Ala,), 
a f f d  sub nom Wallace v. United States, 389 U.S, 215 (1967; Franklin v. 
Quitman County Board of Education, 288 F. Supp. 509 (N.D. Miss. 1968); 
Smith v. North Carolina State Board of Education. No, 15,072 (4th Cir, 
June 14, 1971)

r ,,_

I

43. Where constitutional rights are at stake, the remedy for their 
effectuation is not limited by state or local laws which erect



governmental subdivisions or other units of local authority which 
frustrate effective relief. Brown v. Board of Education, supra; 
Gomillion v. Lightfoot, 364 U.S. 339 (1960); Louisiana v. United 
States, 380 U.S. 14.5 (1965); Haney v. County Board of Education,
410 F. 2d 920 (8th qir. 1969).; United States v. Texas, 321 F. Supp. 
920 (E.D. Tex. 1970); Jenkins v. Township of Morris School Dist.,
No. A-117 (Sup. Ct. N . J ., June 25, 1971).
44. As the Supreme Court pointed out in Reynolds v. Sims, 377 U.S. 
533, 12 L .Ed. 2d 506, 535 (1964), political subdivisions of the 
states whether they be "counties, cities or whatever" are not 
sovereign entities" and may readily be bridged when necessary to 

vindicate federal constitutional rights and policies. See Gomillion 
-• Lightfoot, 364 Uj^S. 339 , 347, 5 L.Ed. 2d 110, 116 (1960); United 
States v. State of Texas, 321 F. Supp. 1043, 1050-58 (E.D. Texas 
l970); Jenkins v. Township of Morris School District #A-117 N.J. 
Supreme Ct. June 25, 1971, ship o.p. p. 19.

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