Judge Hammer's Revision of P. 71 of Court's Opinion

Public Court Documents
June 6, 1995

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Judge Hammer's Revision of P. 71 of Court's Opinion preview

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  • Case Files, Sheff v. O'Neill Hardbacks. Judge Hammer's Revision of P. 71 of Court's Opinion, 1995. 668c4328-a446-f011-8779-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/e25ee09c-f085-4e39-b400-10a8aa7170bc/judge-hammers-revision-of-p-71-of-courts-opinion. Accessed August 19, 2025.

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minority students", but the proposed remedial approaches 

were rejected by the District Court's "finding refuge in de 

facto segregation." 1d. 

In a lengthy footnote to his dissent, Douglae quoted 

from a gtatement made at a Senate Subcommittee hearing by 

the United States Commission on Civil Rights in 1570 that 

"there is probably little substance to the concept of 

de facto school segregation.” 1Id., 1023-30 n.1. The 

Commisgion also stated that the federal government "has a 

moral as wall as lagal responsibility to undo the 

segregation it has helped to create und maintain [because 

there) is no statute of limitations by which government in 

its many forms can be exonerated from ita past misdeeds or 

relieved of its current obligations." 1d. 

The court, as the Einder of fact in this case, 

concludes from its review of all tha evidence which hag been 

presented in Lhe eourse of these Proceedings that the 

plaintiffs have not established any of what Justice Douglasg 

described as the 'more subtler types of state action that 
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ele RC marily presumed in “de facto segregation" cases, 

including more specifically the factors of residential 

segregation, as well as attendance zone boundarieg, which 

Wi are exclusively the statutory duty of local boards of 

a \icarion under § 10-220 of the General Statutes. The court SL Bball, 
algo findg in accordance with the holding of Spepger v. Rags + : 

i skal i supra, 326 F. Supp. 1240, thar "(rlacially balanced 

  
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