Plaintiffs Motion for Summary Judgment

    IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

JOHN HUTLEY, 
WITT CAMPBELL, 

Plaintiffs, 

VS. TCA No. 73-177 

GADSDEN COUNTY SCHOOL BOARD, 
et al. 

Defendants. 

PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 

The Court of Appeals held that one of the four elements 

would not suffice to prove a case of voter dilution. On remand, 

the Plaintiff is entitled to prove the lack of responsiveness 

of the School Board as a necessary and sufficient element 

to establish voter dilution as a matter of law. For this motion 

for summary judgment, the Plaintiffs would cite the following 

evidentiary matters. 

1.The entire transcript and exhibits of ‘the original trial 

of this cause. 

2. This Court's Order of June 3, 1976, in United States v. 

Gadsden County, TCA No. 1616, and the transcript and all exhibits 

leading up to that Order. That Order holds that Gadsden County 

has maintained a pattern and practice of discrimination in hiring 

faculty, principals, assistant principals, and county staff members. 

The Order further holds that the ability grouping program of the 

Defendants caused segregation of the students by race. The latter 

holding is currently on appeal but the Court Order is in effect 

and has not been stayed. 

3. In the Order of this Court and of the Court of Appeals 

in Campbell v. Gadsden County District School Board, 534 F.2d 650, 

(5th Cir. 1976), this Court held that Witt Campbell had been 

demoted illegally during the desegregation of 1970. The District 



Court denied back pay. On appeal, the Court of Appeals affirmed 

the ruling with regard to the racially discriminatory demotion 

of Witt Campbell from his principalship. It reversed this 

Court's Order with regard to the back pay issue and ordered that 

Witt Campbell should receive back pay and attorney's fees. 

Witt Campbell is the same Witt Campbell who is Plaintiff in the 

instant case. 

4. In the decision of the Court of Appeals in United States 

vy. Gadsden County, 539 F.24 1369, (5th Cir. 1976), the United 

States alleged that Clarence Bryant, a black principal at the 

now-defunct Midway School was demoted when he was shifted to 

the assistant principal's job at Havana Junior High School. The 

District Court ruled that this action was not illegal. On 

appeal, the Court of Appeals reversed, holding that Mr. Bryant 

was in fact demoted when shifted and that his rights had been 

violated by failure to compare his qualifications to those of 

other persons similarly situated, including white persons. The 

case is currently on remand. 

The file in TCA No. 1616 is currently lodged in the Pensacola 

division because of its having been transferred to the chief 

judge. Portions are in the Court of Appeals pursuant to the 

School Board's appeal of the resegregation issue in the Court's 

June 3, 1976 ruling. The logistics of providing copies for 

the Court sitting in the Tallahassee division may be difficult. 

Among the appropriate avenues is that the Court could judicially 

notice these matters on your Rule 201. The Plaintiff would be 

happy to provide copies of these documents. 

Respectfully submitted, 

Kent Spriggs 
324 West College Avenue 
Tallahassee, Florida 32301 



Jack Greenberg 
Charles Williams 
Legal Defense Fund 
10 Columbus Circle 
New York, N. Y. 10019 

Attorneys for Plaintiffs 

Certificate of Service 

I HEREBY CERTIFY that copies of the foregoing have been 

furnished by mail to Mr. Graham Carothers, P.O. Box 391, 

Tallahassee, Florida; and to Mr. Richard Gardner, 201 Quincy 

State Bank Building, Quincy, Florida this day of February, 1977. 

Kent Spriggs