Opinion

Doris Elaine Brown v. The Board of Education of the City of Bessemer

  • 446 F.2d 75
  • 1971 U.S. App. LEXIS 8869
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 16, 1971
Status
Published
On the bench
Thornberry, Clark, Ingraham
Cited by
1 cases
Authority
More cited than 48.7%

The opinion

BY THE COURT:

The order of the district court under review is vacated and the cause is remanded with direction that the district court required the school board to implement a student and faculty assignment plan for the 1971-1972 school term which complies with the principles established in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971); Singleton v. Jackson Municipal Separate School District (en banc), 5 Cir., 1970, 419 F.2d 1211 ; Id. 425 F.2d 1211 , insofar as they relate to the issues in this case, and which reflects any changes in conditions relating to school desegregation in Bessemer since the time of this court’s decree of August 28, 1970 [No. 29209]. See also Carter v. West Feliciana Parish School Board, 5 Cir., 1970, 432 F.2d 875 .

The district court is further ordered to conduct an evidentiary hearing on the subject of school closings and proposed construction of school facilities to determine whether or not the school board’s actions are or have been racially motivated and in compliance with Swann,

supra.

The district court shall require the school board to file semi-annual reports during the school year similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, at 618-619 .

The mandate shall issue forthwith.

Vacated and remanded with directions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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