Stout v Jefferson County Case Docket - 1965 Through Sept 2001

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FILED

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 1 of 55
SOUTHERN

DIVISI~

65 J'-t
" n~


DOCKET

Stanley Pottinger

jj~~i· ~itJL~E¥ce

TITLE OF CAS£

2014 Oct-27 AM 09:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

A~:O:~EYci:e;;;on&~

~g~3~ngtorFJ,l'Pr~intiff: Oscar W.Adams.Jr ••
I see ace. -pagh
.
:::ce1Yd~A\'irl' 'J'l ,tft·
.

LINDA STOUT, b; her father and next

friend, Blevin Stout. Plaintiff,
UNITED STATES OF AMERICA, by Nichola~ deB.Katzenbach,
Attorney Ceneral of the United States, Plaintiff-Intervenor­
VB.

]l!fFERSON COUN'lY BOARD OF EDUCATION; DR,l';ERMrT JOHNSON,
as Superintendent of the Jefferson County Board of Education,
C.R.BOT1~NFIElD, as President of the Jefferson County Board
of Education, GEORGE ROGERS, as Vice-President of the
County Board of Education. ROBERT l. ELLIS, JR., O.G.GRESHAM,
and MRS. ROBERT GWIN as members of the Jefferson County Board
of Education, and their successors in office

Jack Greenbet
: 10 Columbt:s Si"rc1e, New Yor.k.~
,~~4;'.//UH'''''___
10019.
, ~-L."''''&Yei:",U.S.Atty;
, -&._~.",.,.Asst.U.s.Atty1 A.L8tt1more Gaston
,
Fred D.Gray -Gray,Seay & Langf

T~ermaR·~Ama ~~,

f'Jifor"fJiJendan!:
Bishop

!ll~~~ter Ave.,Montgomery,AI~

Maurice Billliop .
'3
& 1;Jitrlton~c.·"· ~ / ' "
327 Frank Nelson Bldg., B'ham,.
J. Howard McEniry - McEniry,
McEniry & MeEniry, 1720 4th!
No •• Bessemer, Ala. 3502.0 fOl
Pleasant Gn!ve & M1dfiel~
Robert Vance (for Vestl
,i

Basis ofru;tion: Proceeding for preliminary and permanent i
enjoining defendants from continuing their policy of discrimip:atin~

against plaintiff by operating a compulsory biracial school
John W. Williams. 815 M~~sey
Jliry trial claimed by
system in Jefferson County,
Bldg., B'h"m' 35203 for:
19
Bd.
Pl..AINTIFF'$ ACCOUN"'t

June ..

Cash-oscar

RBCa'VEO

DATE

DlsauRSED

15' 00

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JUNE 8

1968

Feb. 27
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Receipt

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$2,111.40
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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 2 of 55

DATE

,.1(12.:L~

tvILINGS-PROCEEOINGS

- '-------­ "~~--------~~-~-~-.-'------~_ -------'-:-,---~-_.L:...--

I

rune 4 I Complaint filed. Motion of plaintiff for preliminary injunction filed.
.. 4
SunmtOl'lS and complaint issued· del. to Marshal for service on defendants.
with copy of motion for preliminary injunction attached _
.. 14,1 Notice to defendants that plaintiff will take the deposition of Dr .Kermit
I Johnson, Su,.t.of EdUcation of Jefferson County, Ala •• on June 21, 1965
at 1:30 P.M•• at Room 409 Federal Bldg•• Birmingham, Ala •• before Carmen
. Zegarelli, court reporter filed (notice addressed to Hon,George Rogers).
.. 16'" SUlIIlIIons am complaint with motion for preliminary injunction attached, retu~ned,
executed on all defendants except Robert L.Ellis,Jr. and C.G.Gresham, on ,
June 8, 196.5 • Robert L.El1is,Jr, and C,G.Gresham served on June 14, 1965 I.
and filed·
(case to be submitted for final injunction) I
,
" 22 On trial betore the Hon. Seybourn H. Lynne, without a jury/- introCiuction
I
plaintiff's testimony - Order to be entered requiring Plan to be filed by
!
June 30, 1965 with 10 days thereafter allowed for exceptions, and hearing
:
on exceptions set for July 21, 1965, at 10: 00 0 ' clock, A.M.- Ans'"e;: of deff'1dontsJ fi.led.. 2<.'" Memorandum Opinion of the Honorable Seybourn H,Lynne filed and entered -(;Op~es mailied
.. 24. Injunction and order in confol'lllity with the memorandum opinion of the court
attolrneys
contemporaneously filed hereWith, restraining and enjoining the defendants,
Jefferson County Board of Bducation, the present members of said Board, GJorge
C.Rogers, C.R.Bottenfield, Robert L,Ellis,]r., O.G,Gresham, and Mrs.ROber! Gwin,
and Dt.Kermit Johnson, Superintendent of Jefferson County Schools, and th ir

agents, servants, employees, successors in office and those in concert wi h

them Who shall receive notice of this order, from requiring segregation 0 the

races in any school under their supervision, from and after such time as ay

be necessary to ",ake arrangem..nts for admission of children to such schoo,1s on

a racially non-discriminatory basis with all deliberate speed, as required by

the Supreme Court in Brown v.Board of Education of Topeka, 349, U.S.294, 4nd

further ordering that said persons submit to this court not later than Juqe 30,

. 1965, a plan under which the said defendants propose to make an immediate \start
in the desegregation of the schools of the Jeff~rson County public school Isystem,
which plan shall effectively provide for the carrying into effect not 1at~r than
the beginning of the schOOl year commencing September, 1965, and ther.. aft~r, of
e
Alabama Pupil Placement Law as to all school grades without racial discr;linatio
including the admission of new pupils entering the first grade, or coming into
1~
~~__~_~ county for the first time, on a non-racial basis, and further orderin
that,
on or before the date of the filing thereof, a copy of said plan be serve by
defendants in the manner pX"ovided by the Federal Rules of Civil PX"ocedure~ by
mail or otherWise, upon the attorneys for plaintiff in this action, and t~at.~~
objections to said proposed plan which plaintiff may decide to make, be ftlea
I
and served upon the attorneys for defendants on oX" before July 12, 1965, »earing ;
on such objections as may be filed will be heard before this court in Bir_ingham,
Alabama, at 10:00 A.M., on July 21, 1965, filed and entered (Lynne) - copies
1
mailed attorneys of record
30 Plan submitted by the Jefferson County Board of Education for desegregation
of the Jefferson County School System, pursuant to the Order of the
I
United States District Court, dated June 24, 1965, filed'
y 9 ~ Objections of plaintiff to defendants' Plan for Desegregation, filed - copy
I
served by counsel ­
. 12 " Motion of Fnited States "f America to intervene as a plaintIff in this caus ,

and Notice thereon, wtth Certificate of Nicholas deB. Katzenbach,~tt0rney
General, and Objections to Plan for Desegregation attached the~eto, filed -

ORDER based on Motion of United States of America to intervene and riOt!ce
of Motion granting the Application of the Attorney General for leave to
intervene in this cause, fi led and entered (l.ynne) ­
(cont,to next page)

I

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121

FPI-t.K--zd-i4-ZOM--aOfO


Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 3 of 55

D, C, llOA Rev. Civil Docket Continuation
Date Orde
,Judgment 1

PROCEEDINGS

DATE

ATTORNEYS OF RECORD
Oscar W. Adams, Jr. -

:-ils;:;;?

ADAMS, BAKER &. CLEMON

Suite 1600 - 2121 Building
2121 Eightth Avenue, North
Birmingham, Alabmma 35203

Gray, Seay & Langford
Dexter Avenue
Montgomery, Ala.
46104

NonnA" (lltac1tki...... Jack Greenberg, Drew Days & Mel Leventhal

NAACP LEGAL DEFENSE &. EDUCATIONAL FUND
Ten Columbus Circle - Suite 2030
New York, New York 10019

I))nald B. Sweeney, Jr.
RIVES & PETERSON
1700 Fin~~cial Center

Birmingham, AL 35203


Wayman G. Sherrer
United States Attorney
200 - Federal Courthouse
Birmingham, Alabama 35203

328-8141


for Midfield City Schools ".&
Horrewood City Schools .

Frank M. Dunbaugh
Deputy Assistant Attorney General
Civil Rights Division
United States Department of Justice
Washington, D. C. 20530
,

Bishop -&-ear-~, Sweeney

&'
.~ Frank Nelson Building

Birmingham, Alabama 35203

&

Chachkin
99 Hudson Street, 16th F1lr
New York, NY 1 0 0 1 3 ,

IIbnna J.

Colvin

212 219-1900

)

Alex W. Newton
Hare, Wynn, Newell &. Newton
700 City Federal Building
Birmingham, Alabama 35203
for petitioners, E. E. Raughley, et al

John F. DeBuys, Jr. 8/1/9~ (for
William F. Murray, Jr. pl~-intv
BURR &. forman
iel/Ri
3100 SouthTrust Tower
420 N. 20th Street
P.O. Box 830719
Birmingham, AL 35283
(205) 251-3000

McEniry, McEniry & McEniry
1720 Fourth Ave., N.
Bessemer 35020

for: Pleasant Grove, Midfield

Vance, Thompson & Brown
for: Vestavia

Suite ~ 5-:/{)

Fr allk nelson Building .J::IT fJ .

Birmingham 35203 07,')43,.<'[:

,Jobn w wj J 1 jams I ,Ir
fen Homewood
815 Massey Building"yt- fII ulg? lik0

~...

_BBiixrmnUj~B~~~B~a~ffi~,--~3~5~2KQ~3

I

0/ I

IX:>nald V. Watkins WATKINS CARTER
1120 South Court Street
1':bntgorrery, AL 35104
262-2723
co-counsel for plfts

'.

co counsel for plffs

&

KNIGHT

Samuel Fisher, Asst City Atty
710 N. 20th Street
Birmingham, AL 35203
254-2369
for City at Sham as amicus

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 4 of 55
C.A.

C,S-39fi-South"',",1

D. C. I1DA. Rev. Civil Docket Continua-:;tl::;;nn~====~==c=====c=~~~============.~========r==,~~

1971 =­

-

PROCEE:DINGS

DATE

Dec. 30

Ck. Palmer :\. Norris
Receipt if2~72

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Notice of appeal
Re ooipt #5951
Or 100869

"", ",cd,!,';

Sept. 1)
(~int

1~6' ~T(Yr.t
Nov.2

GY-. ·Jeff?T'son t;()~lnty ROA.rd
of F.;lnC"l.t1,on (cost1'l)
2,11.1. tlO "
• Adams ,Baker & Cle 1IX)n


Ck#7583


1973
Sep. 20

Ck.-Bishop & Carlton
Rec.#1060l

Sep. 26
1 9 7 5
July 21

Notice of appeal 5.00

Cr. 100869

July 23

Ck - Bishop, Sweeney
Receipt *20574
Cr. 100869

,hlly 22

Ck - Adams, n"ker

Jl.zl Y 23

, 2,111.40"

Receipt #20586
Cr. 100869

5.00

5.00
5.00
5.00
5.00

Date Orde
Judgment :t

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 5 of 55

D, C. lWA Rev. CivU Docket C<:mtinuatlon

#65-396-

Stout, vs.Jeff.Co.Board of EducationPROCEEDINGS

DATE
~...J)",9",6",5_1_~_·_· _ _· _ - -

DateOrd,
Judgment

- - - . - - - - - - -...

:}Answer of defendant, County Board of Education of Jefferson CountY,Alabama, to
objections to plan for desegregation, filed - copy served by counsel ­
Order
dated July 22, 1965 overruling and denying objections to the plan for
23
"
desegregation filed 1n behalf of the original plaintiff and the plaintiff­
intervenor, and approving the plan for desegregation filed herein by
defendants provided that the date "August 9, 1965" be substituted for the
date "August 2, 1965" wherever the same appear in such plan; and retaining
jurisdiction of this cause for the purpose of entering such other,further,
or additional orders as may become necessary or proper, filed and entered ­
(Lynne) - copies mailed attorneys Notice of Appeal of United States of America, by Nicholas deB.Katzenbach,Attorne
Aug. 5
General of the United States, Plaintiff-Intervenor to the U.S.Court of
Appeals,Fifth Circuit, from Order approving plan entered herein on
July 23, 1965, filed - certified copy mailed attorney for defendant ­

July 21

"

11

"

18

"

20

n

27

"

27

i

Notice of Appeal by plaintiff,Linda Stout, by her father and next friend,
Blevin Stout, to the United States Court of Appeals, Fifth Circuit, from
Order approving plan entered herein on July 23, 1965, filed - certified
copies mailed attorneys for defendant and United States Attorney !
Certified,copy of order of United States Court of Appeals issued as and for the!
mandate, vacating and remanding this cause to the District Court for furthet
.consideration in the light of Singleton v.Jackson Municipal Separate School:
District, et al., and Price v. Denison, et al.,which were decided by the
~
United States Court of Appeals, filed ­
Mution of plaintiff-intervenor, United States of America, for order in conformit
with the mandate of the Court of Appeals for the Fifth Circuit, filed ­
copy served by counsel ­
Amendment to plan for desegregation of Jefferson County School System operating
under the supervision of the County Board of Education of Jefferson County.
Alabama, filed - copies served by counsel ­
Order overruling objections of plaintiff and plaintiff-intervenor to the amended
plan of desegregation this date filed by defendants, and approving amended
plan for desegregation, and requiring defendants to restudy such plan in
mature consideration of the objections this date advanced and report their

conclusions in writing to the Court on or before December 31, 1965, and
retaining jurisdiction of this cause for the purpose of entering such other
or further orders as may be necessary or proper, filed and entered (Lynne)- ~
copies mailed attorneys - copies del.to U.S.Attorney -copy mailed Dr.Kermit
Johnson - 2 signed certified copies mailed St.John Barrett,attorney, Departm Ilt
of Justice,Washington,D.C.Notice
of I\ppeal by the United States of Aillcrica. plllintiff-interV1'nClI, from the
Qd. 25
ord", overruling objections of plaintiff-intervenor to the amended plan of
desegregation entered herein on Aug.27, 1965, filed - cert.copies mailed
attorneys of record herein I
Nov. 23
Order extend~n~ t~itthme within which the record on appeal in this cause shall be I
I.
filed~fth g6e U; S. Court of Appeals, Fifth Circuit, to 50 days from the 4th
.
day of December,l965 filed and entered (Grooms) - copies mailed attorneys ­
certified copy mailed Clerk, U.S. Court of Appeals, New Orleans, La. -

Statement of Maurice Bishop, attorney for defendants, pursuant to Order of
Dec. 29

August 27, 1965, filed - copy served by counsel ­
~
Jan~ 10 /}
Transcript of proceedings before thi" court on Jun€ 22, 1')65 and on July 21, 1965,
C'
fili"d by Court Ri"pol·ter \~ester (2 volumes)

"

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 6 of 55

DATE

PROCEEDINGS

19 66

I Date Order or

Judgment Noted

Copy of order of U.S.Cou!"'t of AppC111s1 Fifth Circuit, extending the tiMe \,'ithin
";vf)ich the record on npr::'!~l in t1rts caUSe shall he docke-ted in the l!.S.C~)urt ':If

Appeals to and l.nchding the 22.Qd day of Februe.,.?, 1956, filed ­
" 20


Certified transcri.;>t of rEcord on appcfll nailed Clerk, iT.S.Court of i':.;:>pea1.t:,
Fifth Circllit., I:e\..~ Orleans, La ....
Copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit reversing and

remanding to the district court for further proceedings in accordance with the
opinion filed and entered (dated Dec.29, 1966) - in file C.A.65-366.
Certified copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit
~lIr. 30
dated December 29, 1966 filed Certified
copy of the U. ~.Court of Appeals for the Fifth CircuIt dated March 29,
30
"
1967, on petitions faT rehearing en bane filed ­
" 30( 1Order of the'U.S.Court of Appeals for the Fifth Circuit affirming reversal of th
judgments below and the r ..mand of each case for entry of the decree attached t
the opinion this day entered - dated Mar.29, 1967 - "
".
(
30
Mandate
of
the
U.S.Court
of
Appeals
for
the
Fifth
Circuit
r~versing
the
judgment
"
of this court, and remanding to the said District Court for further proceeding
in accordance with the opinion ~f that Court filed - dated Mar.29, 1967 ­
~r. 17 (,I:. Decree amending .. no corrl!cting the deer".. of this court pntered herein on J .. ly 2
1965, pursuant to the manrlate of the United State~ Court of Appeals for the Fif
Circuit, received in the offi"" of the Clerk of this ('ourt on March 30, 1967,
ordering that the defendants, their agents, offic~~s, employees and successors
all those in ..ctive <'oncert and partiri""tim' with them, b", and they ar.. perman
enjotned from dhcrimina.ting on the' Hais of race or colo1: in the operation of
Jeffprson County S('ho<,l System, and AS sPt out more particlllarly in the hody of
decree, they shall take affirmative action to disestahli,h alt school segregati
and
to pUminatp the effects of the du"l school system, and that cOImlIene:ing with th
1967-68 school year, in accot'danre with this d('crep., all erades, including kind
grades shall be desegregal'ed and p"pil$ assigned to schools in th<,se grades Nit
regard to race or color 1 etc., and that def~ndants shall srrve upon op~osinf! va, ies
and file with the C}prk of this Court on or he fore May J5, 1<)67. "nd on or b"fo
June 15, 1967, and in each s ...bs"!'1uent year on or before June l, a report tabu lat' ne
hy race the number of choie" apnlications and transfer applications received fnr
enrol1~nt in each grade in each school in the system, and the number of choices
and transfers granted and the number of denials in each gra<le of each schonl, et".,
another report to be filed by def"ndants and served upon oppoSijl~8Pl"nsel 15 days
after the opening of schools for the fall spmester of each yearls~ttin3 forth th
name, address, grade, school of choice and school of pres~nt att~ndance of each ru~pnt
"'ho has withdrawn or requestprf withdrawal of his chotc" of ~chool or who has tra sferred
after thO' start of the school ypar, togE'ther with", ,1eseri!'tion of any action ta ..n hy
d"fendants on his requE'st and the reas"". ther.. f"r, Rod report the number of f3C Il,ty
vacand,es, by school, that have occurred or heen fH led by the dE'fendants si !'lC" h"
order of this Court or the latest r"pnrt submitted pursuant to thi.s sub-paragrap
etc. filE'd and entered (Lynne) - copies mailed to attorneys of record
ne 15~cReport of Dr.Kermit A.Johnson, Supt.Jefferson County Schools, showing number of
Negro students requesting enrollment in predominantly white schools filed ­
pt. l~ Notice of Motion and Motion of plaintiff-intervenor, United States. for order req
,"
defendants to make additional assignments and reassignments of teachers to scho
where their races is in the minority, so as to achieve substantial faculty dese egation
for the 1967-68 school year etc. filed - copies served by counsel - set 10-6-67
1 s.,..., Report of Dr I{,erml t A John, son, Supt, Jefferson County Schools. showi ng name, address
dl
grade and .chool of choice of students reque.ti ng tT'ansf,:,r and the number of st dents
who did not exercise ch,,;ce etc; sh"wing faculty va"anc]!'" by sch<,ols that.hav
occurred .ince the court decree giving race and other information: and sho~lng he
number of students hy race in each grade of each school, filed ­
(cont.to next pav.e)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 7 of 55

D.

c. UnA Rev. Civil Docket Continuation

C.A. 65 -396
PROCEEDINGS

Date Oro
: Judgment

to all attorneys of record that plaintiff-intervenor, the United States, w 11
the depositions on September 28, 1967, of Dr.Kermit Johnson at 1:30 P.M., a d
of Mr.Charles Vines, at 3:39 P.M., at Room A-400, Jefferson County Courthouse An ex,
Birmingham, Ala.etc. filed - copies served by counsel ~ subpoenas issued and del to US
Oct.
Depositions (2) of Dr.Kermit John"on and Charl~s Vines. taken at: instance of plai tiff­
intprvenor - The United States - fil~d ­
II
12 31 ot ion of defendants to dismiss this case fi led - taken with the case
II
12 -~~bbjections of defendants to motion of plaintiff-intervenor "for further relief\' as
.'
i
to faculty integration filed - taken with the case
II
12 ,Hearing before the Hon.Seybourn H.Lynne - motion of plaintiff-in~ervenor for
desegration - objections of defendants to said motion - introduction of testim ny
by plaintiff-intervenor - !IIII!ti_~lIX~:ax,.~*-xi:~lIi
WtiIx:tlblx~xxft:ax:t1lb""':H'x~-dai1y continuance I
13
earing resumed - testimony by plaintiff-intervenor continued - motion of defendan~
to dismiss - taken under advisement and motions taken along with the case ­
II
2~' Mgtion of plaintiffs for an extension of time of 14 days within which to file II
«J":
proposed decree, and Order thereon granting filed (Lynne) - copies served by cohnsel
Nov. 6;c' laintiff's proposed decree filed - copy served by counsel
1968 '
Jan. 5 Memorandum opinion of the Court on motion of plaintiff-intervenor, the U.S.A.,
joined by private plaintiffs, to modify the corrected decree entered herein
on April 17, 1967, filed and entered (l,ynne) - copies mailed attorneys
II
5 ,Order in conformity with the memorandum opinion of the court contemporaneOUSlY,'

fUed herewl.th, denyj:ng motion fUed in beha If of plaintiffs to modify the

corrected decree entered herein on April 17, 1967, filed and entered (Lynne) _

copies mailed attorneys
I

II
29?:>'~:-;otice of Appeal by United States of America, pl'li:1tiff-tntervenor, filed - certified


fa0::t:

"j

copies mailed &ttorneys ...

i


Feb. 15 "s:!~TranSCr1Pt of proceedings on October 12, 1967 filed by Court Reporter Wester I
20
Certified rpcord on appeal mailed Clerk,H.S.Court of Appeals,New Orleans,La.l'
"II 26.'1
Notice of Appeal by plaintiffs filed - copies served by counsel - mailed to Clerk
U.S.Court of Appeals to be included in the certified record on appeal mailed 2 20-68.
" 26./, laintiffs' bond for costs on appeal ($250) filed
June 4/ I,certified copy of Judpent of United States Court of Appeals issued as and for th~
mandate, together with copy of the Court's Opinion, reversing the Judament of
i
the U.ited States District Court in this cause, in accordance with the Opinion
I of the United States Court of Appeals, filed and entered -(Brown,Chief Judge,
:
Dyer. Circuit Judge and Garza, District Judllll'-'-.>ated June 3. 1968 ­
ff
20~Qj)rder pursuant to Opinton and Mandate entered by United States Court of Appeals
, for the Fifth Circuit on June 3, 1968 reversing this Court's previous decision,
and that defendants submit to this Court a plan which provides fOr the complete
desegregation of the faculties (including student teachers and substitute
teachers) at each school in the Jefferaon COunty School System by the start of
the 1970-71 school year, and as a part of this Plan, defendants shall: 1. Submi
to the Court by June 21, 1968 a report verified by the Board, showing by grade,
race and school (a) what the Board has done to date in effecting faculty
integration, (b) what the Board ia currently doing to effect faculty integratio ,
and (c) what the BOard's specific goals are with respect to faculty integration I
for the 1968-69 school year; and (2) Submit to the Court by July 8,1968, by grafe,
race and school, the number of teachers they expect to employ for (8) the 1969- 0
school year, and (b) 1970-71 school year; and setting for hearing on the facult
desegregation Plan submitted by defendants at 10:00 a.m.,on July 23,1968,in
United States Courtroom No.l,United States Courthouse and Post Office Bldg.,
Birmingham,Ala.,filed and entered (Lynne)- copies mailed attorneys­

"t'

t

-------------_..-

.....

-----------------------.".,..",,"""'-,'.",~.-'----"-"----

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 8 of 55

DATE

PROCEEDINGS

1968

[ne

i

2I7~eports

............

/"",

............

,)C.

of J. Revis Hall, SuperIntendent , Jefferson County Board of Education as

I required by decree of April 17,1967 showing report tabulating by race th~ number

I Date Order or

~ .Judgment Noted

I

of choice applications received for enrollment in each grade in each school in :
the system; report tabulating by race the number of transfer applications granee'
and the number denied in each grade in each school; report stating reasons relie
upon for the denial of any transfer requests, etc., filed _
24~ Answer of the Jefferson County Board of Education, J. Revis Hall, Superintendent,

to the June 3, 1968 Decree of the U. S. Court of Appeals for the Fifth Circuit,

tion of plaintiff. for order requiring defeDdaat. to .Uba1t to a aew plan for th
de.egreaatiOD of all Jaffer.on COUBty Board of Educetion School. filed - copie.,
.erved by couual

tiOD of plaiutiff-intervenor, hited Stete. of "-rica, for full axchanaa of
iuforMtiOD, with Propo.ed Order thereOD attached filed - copies .arved by c
al
Illy 24
Hearing before the Ron.Seyilouru I.Lynne _ faculty de.egragation plan - tesU_ny
of defeadants - cro....xaaduatiOD by plaintiffs and plaintiff- int.rvenor - so ion
of defeDdant. to diead.s filed in open court aDd overruled - _tion of dafenda ts
to dismias this case, and in the alteraative to abate .... filed in open court and
overruled - continued to July 30, 1968, for argu.ent. of couneal ­
Proposed Plan of the United Ststes for faculty desegregatiOD filed - copies serve by counsel
"
..
30 'Objectioua of platatiff to the Jefferson County Board of Education's plans for
faculty aad etaff "eesregat1on filed ­
30
Hearing
resumed before the Hon.Seyilourn H.Lynne for argument. on faculty desegrea
"
plan ~
~ug. 2~ . Order on proposed accelerated faculty integregation filed by defendant Board, and
approving the schedule of tescher assignments in the proceas of faculty desesr ­
sation for the forthcoming school year, notwithstanding there are 19 schools i
the System which will operate with segregated facilities, and directing the
Board to assign at least one teacher of each race to each school under its
jurisdiction, provided, however, in the 19 schools located in rural areas the
Board must carry the burden of demonstrating by convincing evidence that it is
not feasible to integrate the faculties therein, such evidence to contain an
analysis of the geographical area served by each of such schools and the locat on
with reference thereto of the homes of the teachers employed therein, etc., a
that there is no racial designation shown on the list of substitute teachers,
the court being of the opinion and so holding thet since substitute teachers
ss a general rule are employed in situations of sudden _rgency. the principe
involved/rshould be allowed an unfettered letitude of chOice, and directing th
Board to file a verified report herein on or before June 2, 1969, showing by
grade, race aDd school the nUlllber of teachers actuelly employed during the
school year 1968-1969, by grade, race and school the number of teachers it e
cta
to employ for the .chool year 1969-1970; by race aDd school the number of prin ipa1s
and staff member. employed during the school year 1968-1969 and the number it
expects to employ for the school year 1969-1970, and by grade, rsce and school
the number of studeat teachers within the System in the school year 1968-1969,
filed and entered (Lynne) - copies mailed attornlys
19. 9";:>NoUce of Appeal by plaintiffs from Orde}:'. of Ault.2, 1968 fUed - copies served by ounllel
"
<) .,;, laintiff' 8 costs bond on jllUleal ($250.00) filea ~
.. 12~ Plaintiffs' Designation of "Kecord on Appeal, and Request for immediate certificati n

and transmittal under Appellate Rule 27(a) and (b) filed - copies served by co nsel

II
2 ·'Transeript of proceedings at hearing on July 24, 1968 filed (Reporters Clanton and Zegarelli)
II
21~' Notice of Appeal by the United States of America, plaintiff-intervenor, filed ­
copies mailed attorneys for plaintiffs and ~ defendants ­
pt.
Designstion of Record on Appeal and Request for Immediate Certification and Transmlttal
filed bv the United Sfates - copies mailed attorneys
(
II
ert
6Q,recora on appea ma11ed Clerk,U.S.Court of Appeal•• New Orleans, La.c nt.to next
_J

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 9 of 55

D, C. 11M Rev. Civil Dotkel Continuation

C.A" 65-396-S

Date Oro!:

PROCEEDINGS

Judgment 1

Oct. 145 Motion of plaintiffs requesting an immediate decision or setting and hearing of
motions for further relief seeking abandonment of the freedom of choice plan,
and reports about such matters as new school construction, etc. filed - copies
..tt'-xat served by counsel
port of Jefferson County Board of Education required by decree of Apr. 17, 1967 iled­
Nov.
Aaendment to motion of plaintiffa for further relief regarding the adoption of a
plan other tban freedom of cloiee in tbe matter of pupil desegregation filed ­
copies served by counsel
If
19 4Decree ordering the filing of retorts of the Boards of Education showing present
status of student desegregation in each school in esch school system etc., a
school map showing the location of each school under the jurisdiction of said
Boards and the location of each aite thereof etc., and with respect to special
education classes an also with respect to the athletic program under the juris-,
diction of said Boards etc., said three reports to be filed not later then Nov.~9,
1968, in each school case filed and entered (Lynne) - copies mailed attorneys :
Dec. 2 be· Report of Jefferson County Board of Education pursuant to order of Nov.19, 1968 f~led ­
.. 16 b Notice to the parties that plailttHfs wi 11 take the depOsition of Dr.J .Revis Hall
on Dec.23, 1968, at 9:00 A.M., at the Federal Courthouse, in Room 409 etc.
,
filed - copies served by counsel - subpoena issued and del.to plff's atty Mr.Be~g
" 17b!Notice to the defendant that plaintiff-intervenor will take the deposition of
I
J.Revis Hall, Supt.of Education, Jeff.Co.Ala., on Dec.23, 1968, at 9:00 A.M.
in Room 409, Federal Courthouse etc. filed - copy served by counsel - subpoena
1969
issued and del.to Mr.Acton ­
Jan:-l5,p:,Deposition of Dr.J.Revls Hall (with exhihits attached) taken at instance
of plaintiffs filed ­
21
otice
of setting of all pending motions for full hearing on Feb. 17, 1969, at
"
10 A.M. (Judge Lynne) _11ed attoraay. bf record ­
21~~ Motion of plaintiffs requesting a setting of pending aotiona etc. filed (in C.A.96~8) ­
copies aerved by counsel
F¥b. lzbSMotion of plaintiff-intervenor. United of America. for supplemental relief, for
order enjoining defendants from taking any action in furtherance of school
construction projects, except upon a showing by the defendants that such
construction will assist in disestablishing the dual school system, and to
adopt and implement a plan of pupil assignments, based on criteria other than
freedom of choice, designed to fully desegregate the Jefferson COUftty School
,
, system commencing with the 1969-70 school year etc. filed - copies served by co~nsel
Feb. 17~otlon of defendants to dismisS filed - copies served by counsel

l7Hearing before the Hon.Seybourn H. LYBneEon itng!ntiemoMolfs to ab£UahffrUdrn
of
i
e
! choicE' plan and to enjl>in"further s~nobjeconsti!uct'onepr~jegn ltc /~n1n'roduetir' n
of plaintiffs' testimony - introduction of plaintiff-intervenors testimony ­
daily adjournment ,
II
18 Hearing resumed - intervenor's testimony continued - introduction of defendants' '
testimony - cont.to Feb.27, 1969 at 10 A.M. for .~gument of counsel
28 Hearing resumed after hearing of Bessemer case, for argument of counsel herein ­
taken under advisement ­
Mar. 307 Report of William T.Clark, Supt.of Board of Education of Bessemer, Ala., attachin
copies of a letter sent to the radio, television and news media, together with
, copy of letter to parents enclosing choice forms etc. filed ­
71.t:'jMemorandum Opinion of the Hon.Seybourn H.Lynne filed and entered - copies mailed ~ttorne)
7&f Order Judgment in conformity with the memorandum opinion of the court contemporanjOUS1Y
filed herewith, overruling and denying defendants' motion to dismiss on the gro nd
that the single named plaintiff, Linda Stout, who purports to represent a class
is no longer a pupil in a public school operated by the defendants, and
(avel

..

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!

..

..
.

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 10 of 55

I

PATE

PROCEEDINGS

/

Date Order or

",1:..9,::.6;:.9::-_ Order of March 7th, 1969 continued:
............
i-C:'::"'+');::'-!:."'O;',,·"'<~i_J_U_d_gtn_en_t_N_ot_e<J
ar. 7
I
overruling and denying the motions filed in behalf of plaintiff and plaintiffLll.t~l. intervenor for an order directing defendants to adopt and implement a plan fax

v
I
of pupil assignments, based on criteria other than freedom of choice, and over­

ruling and denying the motions filed in behalf of plaintiff and plaintiff-inter enor
for an order enjoining defendants from taking any action in furtherance of scho I
construction projects, and denying the oral motions filed in behalf of plaintif
and plaintiff-intervenor for an injunction pending appeal, filed and entered ( nne)­
copies mailed attorneys
Oral
motion of plaintiff-intervenor for injunction pending appeal reduced to writing
"
and filed -copies served by counsel
Notice of appeal by plaintiff-intervenor filed~-copiea mailed attorneys
"
DeSignation by plaintiff-intervenor of contents of record on appeal filed ­
"
copies served by counsel
Supplemental designation by plaintiff-intervenor of record on appeal filed ­
copies served by counsel
It
111 Notice of appeal by plaintiffs, filed - copies served by counsel ­
It
11 rl DoDd for costa on appeal ($250.00) filed ..
It
18', Appellee' a DeSignation of additional portions of the record, pleadi1l&8 and
evidence filed - copies served by counsel
Certified
record on appeal,except Court Reporter's Transcript, mailed U.S.Court
I'l:'. 11
of Appeals, New Orleans, La.~
l41 Statement of appellant, United States, of District Court proceedings on Feb.I7
and Feb.lS, 1969, filed -copy served by counsel
217. Motion of plaintiff-intervenor, U.S.A., for extension of time for transmission of
"
the record to Court of Appeals (court reporter's transcript), and Order thereon
extending time to and including Apr.30, 1969 (Lynne) - filed. mailed to
U.S.Court of Appeals _copy mailed U.S.Court of Appeals
21 ry Motion of defendant for extension of time to file objections and amendments to
appellant United States' Statement of District Court Proceedings on Feb.17-19,
1969, filed - copies served by counsel - Order thereon extending time to and
including Apr.28, 1969, filed and entered (Lynne) - mailed to U.S.Court of Appe Is
'. 28'~,': Statement of the Jefferson County Board of Education and the Bessemer Board of
Education of District Court Proceedings on Feb.l7, 18 and 19, 1969 filed ­
copies served by counsel - mailed U.S.Court of Appeals to place with record ­
.fay 7 ~I Certified copy of order of the United States Court of Appeals for the Fifth
Circuit, denying motions of appellees for a 20 day extension after transcript
of testimony is filed within which to file their briefs, but granting appellees
an extension to and including May 26, 1969, within which to file their briefs
with the right to file such further briefs as they may desire as and when the
transcript is available, and ordering the court reporter to file the transcript
of the hearing by not later than May 19, 1969 filed - (in file C.A.65-366)
" 14% Notice of motion, and Motion of Alabama State Teachers Association, Inc., for lea
to intervene as plaintiff, with complaint in intervention attached filed ­
copies served by counsel ~ Motion overruled 6-9-69 (Lynne) ­
19 3Transcript of Proceeding. before Judge Lynne on Feb.,17,1969 filed by
Court Reporter Wester· mailed U.S.Court of Appeals to attach to record on app alline 2
Motion of defendant to strike or disallow petition for intervention filed - copy
served by counsel
" 191 Report of Jefferson County Board of Education pursuant to decree of April 17, 196 filed
of the U.S. Court of Appeals for the Fifth Circuit, with copy of Opinion
" 27/u Mandate
attached, remanding to the District Court with directions in accordance with t e
Opinion of the Court, and that defendants-appellees pay to plaintiff-appellant
the costs on appeal to be taxed by the Clerk of that Court filed (cont.to next page)
<

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e

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 11 of 55

D, C. llOA Rev. Civil Ducket Continuation

C.A.65-396-S

. JOO!~: ?~ ""0< ..,,~;;;- '0 ~"" ......,.

of

'''':::~:~'''''H

C..."

of ",.." ,

f~ <I,.

"f<h

, , Circuit issued on June 26, 1969, req~iring the defendants to prepare plans to
disestablish the dual school systems presently being maintained in Jefferson
County, Alabama, and forthwith to request the Office of Education of the United
States Department of Health, Education and Welfare to collaborate with them in
the preparation thereof; that such plans shall be directed to (8) student and
faculty assignment, (b) all facilities, (c) all athletic and other school activi ies,
and (d) all school location and construction activities; that defendants are
required to make available to the Office of Education, or its designees, all
requested information relating to the operation of such school system; that the
disestablishment plans required hereby shall be effective for the beginning of
the 1969-1970 school term and shall be completed and filed in the office of the
Clerk of this court on August 1, 1969, and ahall be submitted for the approval
of the court at 10:00 o'clock A.M., on August 4, 1969; and that all interested
parties shall be afforded an opportunity to be heard on such date, and only on
such date, with respect to objections or exceptions to such plans, filed and
entered (Lynne) - copies mailed attorneys
July I t:'I: Notice of Appeal by Alabama State Teachers Association from the order of this
Court denying its motion for leave to intervene 8S party plaintiff herein filed-:
copies served by counsel
:
" 1 ?~r Cost Bond on Appeal ($250) filed - $250 cash tendered in lieu of surety .
II
7 '10 Mandate of the U.S.Court of Appeals for the Fifth Circuit reversing and remanding.
for further consideration, pursuant to the opinion of that Court, with Opinion I
attached, and taxing costs sgainst appellees as taxed by the Clerk of that Cour~ filed
July 2S Cll Designation of Record on Appeal by Alab_ State Teachers AallOciation. Inc.,
!
Applicant in Intervention, filed - copies served by counsel Aug.
11 Plan submitted by the Office of Education of the Department of Health.Education a d
Welfare in accordance with Order of United States District Court dated June 27, :
1969, filed i
1~2lNotice of Motion and Motlon of The National Education,Association,Iue., for leave:
! to intervene as plaintiff in thia action, with Complaint in Intervention,attachi'
. filed - copie. served by counsel­
lq~!plan submitted by The Jefferson County Board of Education uuder Order of Court
I entered June 27, 1969, pursuant to Mandate of the Fi~th Circuit Court of Appeali'
together with Appendices 1-6, filed (3 Volumes)­
II
4 q Petltion of David BoneUa, as father of and Next Friend of wesley Bonella and
:
Lloyd BonelIa,Minors, eight and six years of age respectively, and others of
like status and class, to intervene in this cause, ana'ORBER of Hon.C.w.Allgoo1
denying said Petltion. filed :
Motion of The Jefferson County Board of Education that its proposed plan for
I
compulsory integration of the Jefferson County School System be 'pprovsd and
accepted and to di..tS8 this cauae, filed - copies served by couDlelII
4
Objections of Plaintiffl' to Intesration Plan aubmitted by The Jefferson County I
"
4.
On l\9NA U! ~W~ ~!i~.9J:AiN...2f.j:lWL~ aWd JA'~·.lltti?63d .i£e& -of dlendanl
If
5 '1'" Ob.fect1.~ 'OY1JnlteQ''Irul't1i8iN'i.'iR'rTe'a:lfY«n1!i'fi';.'fntervenOt';to 'l:lie d'esegrega'tro
plan of the defendantl, filed - copies served by counsel ­
5 t!9 Opinion of the Han. Clarence W. Allgood filed and entered + copies maned attorne. g­
II
Il
5 f () Order on the basis of the findings of fact and conclusions of law set out in
separate opinion of the Court in this cause, approving the plan for integration
of the Jefferson County School System filed by the Jefferson County Board of
Education in this cause on August I, 1969; that the objections to the plan
,

I

J

.
.

.

'I+J

, u

!itt .. _illItl

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 12 of 55

nf9TE

Date Order or

PROCEEDINGS

Judgment Noted

5

filed on behalf of plaintiff are hereby overruled and denied; and that the
motion of the Jefferson County Board of Education to dismiss this cause is
treated and considererd as a petition for summary judgment and the court hereby
finds and declares that the plan filed by the Jefferson County Board of
Education d..s ~diately disailtahlish the dual system and does iamediately
,
establish a unitary system in Jefferson County, and retaining jurisdiction in
this case for the limited and restricted purpose of supervising the adainistratlon
of the plan of the County Board as filed and herein and hereby approved; and.
denying petitions for intervention filed in this cause on behalf of David Borel 0,
et al •• and that prior order. entered in this causa to the extent consistent
with the new plan filed by the County Board and herein a~roved are to remain
in effect, and requiring tbe County School Board to report to this COurt, vith
copy to tbe parties, any changes in zone boundaries made pursuant to
Chapter IV, Part D,(P.19), of the County School Board plan, filed and entered
(Allgood)-copies mailed attorneys •
6/ 0 Notice of APpeal by plaintiffs from order o~ August 5, 1969,filed-certified copie
mailed Clerk,U.S.Court of APpeals ­
7, aOrder, dated August 5, 1969, that pursuant to the mandate of the Fifth Circuit
~ Court of Appeals, issued June 26, 1969, and in accordance with the decision of
, that Court rendered tn that date in United States of America v. Jefferson Count
Board of Education, No,27444, and United States of America v. Board of Educatio
of the City of Bessemer, No. 27445, there is attached hereto, transmitted and
filed with the Clerk of the United States Court of Appeals for the Fifth Circui ,
the following: (1) copy of the findings, conclusions and order entered in this
case, together vith copies of desegregation plans filed by the Jefferson County
Board of Education on August 1,1969, and by the Bessemer Board of Education on
August 4, 1969,(the time for filing having been extended to that date.);(2)copi s
of all NOtions and objections filed in this cause in the United States District
Court relative to the hearing of the aforesaid plans,as follows:(a)JefferBon
County Board of Education plan - I.Petition for intervention filed on behalf of,
David Borello,etc.,et al.,by Ralph E.Cole.an,Eaq.,; i t being note. that petitio'
filed On behalf of parents of Pleasant Grove by John Schmarkey,Esq.,was made
orally. and that both petitions have been denied; 2.0bjections or suggestions
filed On August 5, 1969, by the United States Department of Justice: sad tbat
by way of further response to the mandate, it is reported to the Court tbat the
record in this cause made in the United States District Court consists of the
following: (1) Copy of Orders of United States District Court entered in this
case on June 27, 1969, in response to the qandate of the Fifth Circuit issued
June 26, 1969; (2) The integration plan filed by the Jefferson County Board of
Education together with Appendices 1 - 6, Exhibit 1; (3) Desegregation plans
filed by the Office of Education,United States Department of Health,Education
and Welfare, Exhibit 2; (4) petition for intervention filed on behalf of David
Borello,etc.,et al.; (5) Plaintiffs' objections to the plan filed August 4, 196,;
(6) Department of Justice's suggestions or objections filed August 5, 1969;
:
(7) Opinion of this Court, findings of fact,conclusions of law and, by separate,
document, the order entered in this csse(No.65-396); (8)The temporary plan file4
by the City of Bessemer School Board; (9) Temporary plan filed by the Office of l
Education, United States Department of Health,Education and welfare; (lO)Objec­
tions to the plan of the Bessemer School Board filed by plaintiffs; (11) Plan
filed on behalf of the indiVidual plaintiffs, and tbat this plan was not timely
filed and no evidence was introduced in support thereof; (12) Opinion of this
Court,including findings of fact and conclusions of law and, by separste
I

.
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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 13 of 55

D.

c. 110A Rev.
DATE

1969
--=-'-'---Aug. 7
(cont'd)-

Civil Docket Continuation

CA 65-396-8
PROCEEDINGS

Date Ord€

Judgment:

--~·····--------------------------------I··············~

document, the order entered in Case No.6S-366; (13) The transcript of the
testimony in this cause which was taken on August 4, 1969. and which obviously
could not be transcribed in time to trans.it with this report, filed and entere
Aug. IW n&Atl~~is OD Appeal (~250.oo) filed ­
Aug. 8
Certified record Oft appeal from Order denying Motion of Alabama State Teachers
Association.Inc.,for leave to intervene, mailed Clerk,U.S.Court of Appeals,
New Orleans, La.­
It
11 Certified record on appeal including the District Court's Report to the Court of
Appeals as directed in Opinion of June 26, 1969, mailed Clerk,U.S.COurt of
Appeals, New Orleans, La.­
It
tice to defendants that plaintiffs will take the deposition of Revh Hall,
Superintendent of Jefferson COunty Schoole, in the offices of Mama and BIker,
Room 725, 1630 4th Avenue, North, Birmingham, on Thursday, August 14. 1969,
at 10:00 A.M. filed - copy served by counsel
tion of Jefferson County Board of Education to quash subpoena issued to
" l~
Dr.Revis Hall,Superintendent of Jefferson County Board of Education, and to
strike the Notice of Taking ssid Deposition, filed - copy served by counsel ­
" lSICijMOtion of plaintiffs for further relief, fUed - copies served by counsel ­
" 26/O"/ObjecUons and anlWer of defendant, Jefferson County Board of EducaUon to Motion'
• of Plaintiffs for further Relief, fUed - copy served by counselSept. 2 IC~Motion of plaintiff for preliminary injunction to enjoin defendants from arbitral' ly
, removtng black high school principals from their present positions and arbitrar'ly
assigning black teachers to almost inaccessible schools filed - copies served
by counsel
n
2
Motion of plaintiff for further relief to reinstate any and all black principals
transferred since Aug.IO, l~ to their former positions etc. filed - copies
served by counsel
Motion of Jefferson COunty Board of Education relating to "Forced School Iutegra­
" 5
tion Plan" fUed Aug.l, 1969 - Woodward J_ior High School and Pleasant GrO'l1e
School filed -copies served by counsel
Superint4Qdent
" 10 Interrogatories of the united States of America, to Dr.J.Revis Hall'/~efferso
COunty Board of Education filed - copy served by counsel
17
Interrogatories of plaintiff to Dr.J.Revis Hal\, Superintendent of Jefferaon
County Schools, filed - copies served by counsel
n
29 Transcript of proceedinga before Judge Allgood on Aug.4, 1969 filed by Court
..
3
MotmoS¥--£[email protected] fqr j>roduetion filed for order
Oct. 3 Motion of the United States, p181ntifl:-intervenor herein,/requiring defendants
to show csuse, if any they have, why they should not be adjudged in contempt
of court for failure to file reports to the Court required by the courtls order
of Apr.17, 1967 snd Aug.5, 1969, etc. filed - copies served by counsel
.. 3/n Order upon consideration of the motions of the United States for show cause order, etc.
lib requiring the defendant school bosrd to file a report with this Court on or befo e
: Oct.20, 1969, containing the informstion required to be file within 15 day. afte
the opening of school under this court's order of Apr.17, 1967 as modified by
order of Aug.5, 1969, snd ordering the defendants to answer, on or before Oct.2 ,
1969, the interrogatories filed and served by the United States on Sept.lO, 196 ,
the Court reserving ruling on the remaining aspects of the motions of the United
States filed Oct.3, 1969, until some time sftel' the defendant sehool board files
the report and answers to interrogatories as called for by this order - copy of
the motions and affidavits filed by the Government on Oct.3, 1969, were served
on counsel for the school bosrd at 8;20 A.M. in Birmingham, Ala., and counsel fa
the school board reserves and is given the right to file any appropriate respons ve
pleadings, this order being entered without prejudice to that right, filed and
entered -(Lyn~) - copies maned attorneys

.

-··~

___________________.

~_._t&'6"'__

1":1

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 14 of 55
/

DATE

PROCEEDINGS

1969
-"'-<'-""'--I
---­

/'

(..,

!'~....

Date Order or

I

Judgment Noted

1
:

ct. 2~i7rMotion of plaintiffs to compel answers to InterrOgatorie:by-;~e,;is Hall filed
I copies served by counsel "
I
20
rnswers
of the County Board of Education of Jefferson County. Alabama, to interrogttories
"
I of the United States of America filed -copies served by counsel
I
" 20 iReport of the County Board of Education of Jefferson County, Alabama due Oct. 20,
1969 fi led - copies served by counse 1
;
;c. 5

23
3D

l

I

"lemorandliffi in support of motion for le~ve to intervene, filed.

I

Lt,
t ' N ' t 0 reqm,re
. school boards to impIe::>ont mandate of U. S. Sp. Ctt,
I
reo lon or"pl 'aJ.n,l~"S
I fiJ ed - COp:l.8S served by counsel
.

,

;~ot ion
i

of plaintiff's to
etc., filed.

30/2.'3: l'lotion

en.~oin

defendants from transferring any school

propert~es

,

of plaiEtiffs for preli '':-.inary injunction in accordar!ce l'lith !notion acovc,

'I!

J


.I.

LLed.,

970

..

an. 9/2

Copy of order in [;SCA entered Janm.ry 7, 1970, denying petition for rehearing, f"led

Certified copy of the opinion-order of the United States Court of Appeals, Fifth ,,
Circuit rendered in related school cases, issued as and for the mandate,
i
that the judgment of the Supreme Court in Carter v. West Feliciaas Parish et Is,
Nos. 944 and 972, opinion dated January 14, 1970 reversing the judgment of the
Appeals Court in the within mattera rendered sub nom; Sin leton v. Jackson Mutt ci al
Separate School District et al. No. 26285. et al., opinion dated December I, 1 69,
with respect to the deferral of student desegregation beyong February I, 1970
is made the judgment of the Appeals Court and all other provisions of the orde
of the appeals court in Singleton shall remain in full force and effect flIed
dated January 21, 1970 (in 65-366)
diasenting opinions of Judge James P. Coleman and Judge Charles Clark
" 23 Copyinofthetherelated
school cases dated January 23, 1970, in the U. S. Court of
Appeals,filed
(in 65-366)
26
Order,pursuant to the mandate of the United States Court of Appeals for the Fifth
Circuit received in the office of the clerk of this court at the close of
business on January 23, 1970, ordering defendants to take all steps necessary
and proper to merge faculties and staff, transportation, services, athletics
and other extra-currivular activities and to merge student bodies into a
unitary system not later thlln February I, 1970; and further ordering that
defendants file with the court, not Ister than January 30, 1970, a plan design d
to implement the foregoing order; and further ordering that certain set out
proviaions be a part of any plan designed to effectuate the unitary syatem
filed and entered (Lynne) • copies mailed attorneys
, 30 Integration
plan of the Jefferson County Bosrd of Education effective FebTuary 1,
1970 and appendices filed - copies served by counsel
eb. 2
Objections of plaintiffs to the proposed plan of defendsnt school board filed
Januart 30, 1970, filed - copies served by counael
2
Opinion
of the Bon.Seybourn H. Lynne filed and entered - copies mailed attorneys
"
2/3il
Order,
in
accordance with the Opinion of this Court rendered this date and for
"
stated reasons, approving the plan of the Jefferson County Board of Educatio
filed on January 30, 1970, as amended, to implement the Order of this Court :
dated January 26, 1970; and further ordering that the defendants be required
to promptly implement said plan, as amended, as therein provided to effectUBje
the unitary school system as ordered by this Court, and retaining jurisdicti n
of this cause for the limited and restricted purpose of supervising the (co ,t'd to
23

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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 15 of 55

D, C.110ARev, CivllDocketConUnuat1on

DATE
1 97Q

Feb. 2

/

"~

'
t

CA 6S ... 396-S

If)

Date Oro
Judgment

PROCli:EDI~G8

~.~~~._._~~. _ _ _.. ~_. ___ ~_. _ _ _ _ ._~_

-------~·-·-··---I--~

Cont'd
adminietration of the plan of the County Board, ae amended, as filed herein and
hereby approved filed and entered (Lynne) - copies .. tIed attorneys
..
3 I Motion of the City Board of Education of Pleasant Grove for leave to intervene
as defendant with Notice of motion attached filed - Defense in Intervention
attached - copies served by counsel 2/24/70 Granted (Lynne)
Feb. l. : Interrogatories of plaintiff propounded to J. Revis Hall, Superintendent of
Jefferson County Schools, filed - copies served by counsel
4
Notice
of appeal from the Order approving the plan of school desegregation filed
"
herein on January 30, 1970. and entered in this action on February 2, 1970
filed - certified copies mailed to Clerk, U. S. Court of Appeals, New Orlean •

LouiSiana, and to counsel for defendants
n
Bond for costs on appeal, filed
4
n
DeSignation of the Contents of the Record on appeal. filed by plaintiffs - appel~
4
Iants - copies mailed attorneys
Motion
of plaintiffs for emergency relief filed - copy served by counsel
" 5
Interrogatories
of plaintiff-intervenor propounded to defendant J. Revis Hall•
5
Superintendent of the Jefferson County Schools filed - copies served by
counsel
" 12 Motion of the United States. plaintiff-intervenor, to amend and alter the
court's opinion and order of February 2. 1970 filed - copies served by
counsel
" 1~f0coPY of Order filed in the U. S. Court of Appeals, Fifth Circuit on February 12 '

:
1970. in this action and 65-366 on appeals from this court ordering that
'I

I
this Court transmit immediately the original record of those portions which

:
are reasonably pertinent to these appeals. and that each pa1lO" shall within

10 days file a memorandum brief in four copies. one copy to the Clerk and

one copy to each of the judges at their respective home stationa. the briefs
,
to discuss the substantive issues presented for resolution and requesting th~
i
U. S. Attorney General to file a brief amicus with replEs and rejoinder bri~fs
,
to be promptly filed after the filing of the .. in briefs, filed (Thornberry, I
Clark and Ingraham, Circuit Judges)
i
" 13
Certified record on appeal mailed to the U. S. Court of Appeals, New Orleans
i
Notice that plaintiffs will take the deposition of Dr. William F. Dodson, Assistbnt
Superintendent of the Jefferson County School, st 1:30 p.m. on February 16,
1970, in the offices of Adams, Baker & Clemon, 1630 4th Avenue, North,
I
Birmingham, Alabama, filed - copy served by counsel
" 13 ' Notice that plaintiffs will take the deposition of Mr. Charles C. Vines,
.
Assistant Superintendent of Jefferson County Schools at 3:30 p.m. on
February 16, 1970 in the office of Adams, Baker & Clemon at 1630 4th
Avenue, North, Birmingham, filed - copy served by counsel
Notice that plaintiffs will take the deposition of J. Revis Hall, Superintendent
13
of Jefferson County Schools at 9:00 a.m. on February 17, 1970 at the offices
of Adams, Baker & Clemon at 1630 4th Avenue. North, Birmingham, filed ­
copy served by counsel
Notice to defendants and plaintiff that intervenor will take the depositions of
18
the following persons at the office of the Superintendent of Jefferson Count
Schools, Room 417 CourtboWle Annex, Binlinghaa: Eddie J. Pruden, Principal.
i
Minor High School at 10:00 a .m., on Februsry 21, 1970 and teo Willialllll,

. Princ1psl. Welt Jefferson High School at 10:30 a.m. on February 21, 1970,
filed - cppies served by counsel
261~t:; Motion of the Jefferson County Board of Education (School Board) for emergency
I· relief and for amendment of the plan filed January 30, 1970, filed - Order
thereon setting aame for hearing at 9:00 A.M. Tuesday, February 1~~910copies served by counsel
(over)
i

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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 16 of 55

11


tJ7tJTE

eb.

ar.
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Y

PROCEEDINGS

27

J DAte Order or
Judgment Noted

Evidentiary Rearins before the Bon. Seybourn R. Lynne - testimony on motion of
defendant, Jefferson County Board of Education for emergency relief and for
amendment of plan - amended motion for emergency relief by defendant Jefferson
County Board of Education filed in open court - testimony on individual
.
plaintiff'. motion for preliminary injunction to enjoin defendants from
removing black high school principals, and further relief to reinatate those
principals transferred - testimony on intervening plaintiffs' motion to smen
and alter court'. opinion and order - Court grants City BOard of Education 0
Pleasant Grove to intervene as defendant - testimony on individual plaintiff
motion regardins Pleasant Grove school system affecting the Jefferson County
deaesregstion plan • taken under advisement - written order to be entered
(Exhibits and trial sheet of hearing held on February 21', 1970 placed in lII8nil
envelope
with file)
,
9/ ~ Deposition of Charles Vines, taken on behalf of plaintiffs, filed
9
Deposition of Eddie J. Pruden, taken on behalf of plaintiff-intervenor, filed
9
Deposition of Dr. James Revis Hall, taken on behalf of plaintiffs, filed
9
DepOSition of Leo H. Williams, taken on behalf of plaintiff-intervenor, filed
9
Deposition of William F. Dodson, taken on behalf of plaintiffs, filed
Opinion of tbe Bon. Seybourn H. Lynne, dated April 30, 1970, filed and entered
5
copies ..iled attorneya
~Order
Judament, dated April 30, 1970, after evidentiary hearing on the separste
51
motion. of the individual plaintiff and the County Board of Education of
Jeffer.on County, Ala he. . , and in accordance with the Opinion of this Court,
by ae,.rate document thie date rendered and filed; 1. granting the motion of
the County Board for emergency relief, as amended, and approving as to each
zone named and in.ofar a. the motion of the individual plaintiff is concerned
the County Board plan proposed, and the Court approves, re-opening Woodward
School to accommodate atudents in Grades 1 - 7 residing in the zone described
insofar as the motion of the individual plaintiff is concerned relating to th
Sprinadale area, it proposes that all students residing in said zone, Gradea
1-6, attend the Ketona School buildina, and all students residing in said
zone, Grades 7-9, attend the Springdale Junior High School building, granting
said motion, to that extent, but deferring the attendance until Sept. 1, 1970
in order that the County Board can complete required construction and renova­
tion; 2. instructinl the Office of Education of the U. S. Department of Healt ,
Educ.tion .nd Welf.re to restudy the integration pl.n affectins the County
School System in rel.tion to f.cilitiea presently available and projected,
and to file its report covering such study with this Court on or before May
IS, 1970; 3. direct in, the County Board to fumilh HEW any information and
records requested, etc.; 4. by .eparate order, this Court to designate and
appoint a biracial ca.mittee to be composed of theae~ White and three Negro
parents with student. attending .chool in the County System, etc. and re­
queating the bi-racial ca.aittee to .ubmit itl report to this Court on or
before May 29, 1970; 5. that any party may file objections and exceptions to
any report or plan of HEW not later than June 8, 1970 and setting a full
evidentiary hearing on said plans, objections and exceptions for June 29,
1970. at 9:00 •••• ; 6. and lrequesting that HEW and all partiea furnish to
and serve upon the other not 1e88 than 35 copies of .ny and all reports .nd
ple.dinga filed and the County Board is further directed • at the request of
the bi-racial committee. to prepare not lea. than 35 copies of any report
filed by it with this Court. and directing the County Bo.rd and HEW officials
to confer with the bi-racial committee, .t the request of said committee, exc pt
that such conference shall be only between officials of theCounty Board or H
without interference with or p.rticip.tion by .ttorn~s of .ny psriie' and s h
conference shall be for the purpose of furnishing information or .ecord. req sted
by said bi-raci.l committee filed and entered (Lynne) - copie. mailed attorne s

'"

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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 17 of 55

D. O. l1().A Rev. OlvU Docket Continuation
-

SOUTHERN DIVISION

DATE

CA 65-396
Da.w Order

PROCEEDINGS

JUdgment N

__ ~970~1~~ __ ··~____~____~~~__~~_~~~_~_~~~__ ···~~ __~ __ ~ ____ ···~_____.. _~ ___ I~__ ~~
15
Further study of the desegregation plan for the Jefferson County School Distrl t.
Birmingham, Alahau. submitted by the U. S. Office of Education, Equal
Educational Opportunities, filed - copies served by counsel
15
Notice of Appeal by plaintiffs from the order of this Court entered in this
action on May 5, 1970, filed - certified copies mailed to Court of Appeals
at New Orleans and to attorneys for defendanteand intervenors
II
15
Bond for costs on appeal ($250.00) filed
II
25 5(" Orur, elate4., 22, 1970, purauant to the oder ntered hereb. oa April 30,
1970, QO••tituti., a Bi-racial Adviaory Ca..ittee co.po.e4 of: Mr•• Walter
Aladerao•• 3168 Star Lake Drive. Bimi.q.a 35226; W. A. LeCroy, Sr •• 629
Kn_d Terrace, Blmi.q.a 35214; Mra. Bnry G. Willia... UD #1, Box 138,
1ft. Olive. Alalll_ 35117; Mr. Beuie Aderao•• 267 Pi.e Street, Hul...
Ala.._ 35118, H. L. Foni.., Foni.. Prl1ltin, eo.pa.,., 1421 lIorth 4th

Aveaue, I1raiqll.ua 35203; Edwrd Scott, bute 3, lox 23•• Adaasville.

Ala.... 35005; aad ....dl.' p.raer.ph 4 of the April 30 order to .~titute

for the aU ''MIy 29, 1970" tile ate Juae 1S. 1970, aa4 reque.tia, the . . . . . .

of tbe foresoi., cOlllittee to coafer at their earlie.t cowvetiesce with
Dr. B.evia HIll, Superiatudeat of lUucat10. of Jefferaoa County••irat. . ..,
aad to o.taia fro. hi. copiea of all plaa. a.d report. referred to ia
para,raph 4 of eaid order, filed aa4 entered (Lynae) - QOpies _iled to ..ch
coa-itte_a aad Dr. Ball
n
28
Certified record oa .pp..l ..Ued to the U. S. Court of AppealB, New Or I .... ­
copiea of tra.aaittal letter aad docket eatrie. . .iled attorneya
8/. 7 Heaoraad_ of Law for the UIIited Stat.. reprdLa, tile creatioa of aeparate acltoo
4iatricta for the cities of Pleasaat Grove, Boaevoo4, aad Yestavia Billa,
filed - copies .erved .Y cOUllsel
8
Motioa
of the URited State.. plai.tiff-interveaor to add parties defeadaat .nd
"
for a. order to abow caUle filed - copi.. served by cOUIII.l (La 110_04
City School Syatea)
It
8
Motion of the URited State., plai.tiff-intervenor to add parties def.adaat
(ia Ye.tavta Bills City Scbool S,.tea) aad for a. order to show cause
filed - copie. ..rved .y counsel
of tbe United Statea, platntiff-iatervenor to require the Plea.ant Grove
" 8 , Motioa
Board of Education to show cau.e filed - copiea served by cOUlla.l
8/b! 01>jeetio.. of Jeffenon Cotmty Board of Educati_ to II!W plaa filed JURe S. 1970 ;
copiea served Ity coUftlel
aad o.jection. hy plaintiff. to tbe plan of a.'ti&e~tl"78iled by th
" 8 Exceptions
n. S. Depart_nt of Health, IducatiOl aad Welfarel liIell - 'oPte' a.rved by
cOUllsel
»----8-1'--!••·,.·••• ··'H't.twIt~I.M ·PI•• K.f.4•••I.·I.•••••
t
,
mi.·' ..... I •••• '·., ...... ·fa . . . . . . . ., ••••".' . . . . . . . wll,
~ *111... ·­

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.."P'N ......~ •••••• I

"

11

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Transcript of proceedings held on February 27. 1970, before the Ron. Seybourn
H. Lynne, Birmingham, Alabama, filed

Transcript of proceedinga filed on June 11. 1970, mailed by certified mail to
Clerk, U. S. Court of Appeals, New Orleans, La. - copies of letter of
transmittal to attorneys
IS ~Notice that plaintiff-interveaor, Daited Statea of Americ., will take the
,
deposltion of Dr. J. levis BIll, Superintendent, Jeffer.on County BOIrd of
Education. at 9:00 a.m. on Saturday, June 20, 1970, at tbe office of tbe
Jefferson County Board of Educatioe, Fourth Floor, Court Bouse Annex,
Biraing1lam, filed - copies .erved .y counsel
(over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 18 of 55

(6
DATE

1970
June 16

..

17

PROOEEDINOS

.,.­

,;.-:c.J

0& tf' Order or
JUdgment Not.el

I

0-NoUce tbat-j>lainITrf-intervenor, United Stai:esC-::oC<!f"A=me=r"1-=c-=a-,-cw=r'-lTI-t"'a='kl:"e:::--:t;:\hr:'ce~~«:

depositions of Robert G. Waldrop at 8:15 a.m.; G. Virgil Nunn at 9:00 a.m'j;

Robert M. Guillot at 10 a.m.; 8nd Jack Grace at 10:45 a.m., on !-bnday,
'

June 22, 1970, at the office of the U. S. Attorney, Room 253, Federal
Court House, Birmingham, filed - copies served by counsel
Motion of plaintiff for production, inspection, copying and photographing
of documents filed - Order thereon Granting. To be produced between 11

30 /feZ An"":rndot ie'fte~:0:~wue:£;.e8.f!tJid {,'f'\.l~.A~ t~,:~e'ption. and obi,!:.tions to
Plan f1
1
EVldenti8ry Hearinl before m' Hon. Seybourn H. Lynne en June 29, 1970 ­
teati.ony of intervening plaintiff - introduction of plaintiffs' testu.on
introduction of defendants' teati.ony - daily adjournment Rearinl continued June 30, 1970 - defendants' testi.ony continued - daily
" 1
adjournment ­
Rearing res_d July I, 1970 - argument of counsel - taken under .ubais.ion
"II 1
7 61Deposition of Jack Oti. Grace, taken on behalf of plaintiff-intervenor, filed
II
Deposition of Bobert H. Guillot. taken on behalf of plaintiff-intervenor, filed
7
(exhibit. attached)
tf
13
Order, upon full consideration of the evidence adduced at the evidentiary heari
on June 29 and June 30, permanently enjoining defendants from failing to
provide equsl educational opportunity to all students residing in the
Homewood system without regsrd to race and to take affirmative steps to
eliminate all vestiges of the dual system based on race with respect to
student aS8i~t, faculties, etc.; permanently enjOining defendants from
granting transfers to students living outside of the city limits of Homewo
for attendance into the system except as provided under the majority to
minority transfer prOVisions listed and except for students attending class s
being conducted for Aphasoid or retarded children; that defendants shall,
for the school year beginning September, 1970, employ 18 black faculty and
staff members and shall fill each available te~her or staff vacancy with
a member of the Negro race until the percentage of Negro faculty and staff
~ers within the system attains 25% of the total number of faculty and
ataff in the entire system and ahall further achieve the 2Sl ratio by the
beginning of the fsll aemester, 1971; that defendants shall perait a stude t
attending a school in the described territory in which his race is in the
majority to choose to sttend snother school in Homewood ~ere space i.
available and where his race is in a ainority, snd the IIomew~)od system sha 1
be entitled to receive a tuition charge paid by the system from which such
student transfers to be computed in the same manner as the charge between
Homewood and the Jefferson County Board of Education for Homewood studenta
attending Shades Valley Higb School; and further ordering that juri.dicti
of this severed cause shall be retained for the purpose of ..suring impl
tation by defendants of the foregOing provisions filed and entered (Lynne)
22
j
~Motion
of the United States, Plaintiff-Intervenor, for supplemental relief with
"
regard to school system of the City of Pleasant Grove, with notice to part es
of hearing on said motion on July 23, 1970 at 9:00 a.m. attached, filed ­
copies served by!bunsel
City of Pleasa
tf
23
Further Hearing before the Hon. Seybourn H. Lynne - answer of the/Board of Educa
to the motion of the United States for an order to ahow cause filed ­
motion of Defendant-Intervenor, Board of Education of the City of Pleasant
Grove to strike the affidavit of Jerry R. Brader filed - snswer of defends
intervenor to motion for supplemental relief by plaintiff-intervenor filed n
23 I 30rder, on motion of the United States, the Court, being advised by the parties
that there was no objection thereto. modifying the order of JUly 13. 1970
to include the follOWing provisions: That the Bosrd of Education of the Ci
of Homewood on October I and February 15 for each year until the Court aha
direct otherwise. shall file with the Court and serve on the psrties the

"
July

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 19 of 55

D.O, 110A Rev. Cl'vll Docket Contlnuatlon

SOUTHERN DIVISION

CA 65-396
Date arde
Judgment}

the information described in attachment "A" filed and entered (Lynne) ­
copies mailed attorneys
" 23
1'/Order, on _tion of the United States of AlIII!rica, plaintiff-intervenor, adding
the Vestavia Hills City Board of Education and its members, Guy H. Caffey, Jr.,
Douglas P. Corretti, Bill L. Harbert, Bill C. Htll and Mrs. Sara W. Wuska as
parties defendant herein,and ordering that a aeparate trial of the issue.
relating to the Vestavia Hills Board of Education be had, and upon full con­
sideration of the evidence adduced on July 23rd, permanently enjoining the
Vestavia Hills Board of Education and members from failing to provide equal
educational opportunity to all students residing in that system without
regard to race, etc. and further ordering that this severed cause be retained
for the purpose of assuring implementation by defendants of the foregoing
provisions filed and entered (Lynne) - copies mailed attorneys
" 30
Findings of Fact, Conclusions of Law and Final Order of the Bon. Seybourn H. Lynn
that the plan filed by HEW on May 15, 1970 is approved except a8 modified by
objections of the County Bosrd which are accepted and approved in this order •••
approving the organization and implementation of the Pleasant Grove School Syst
subject to and conditioned upon the Pleasant Grove School System accepting a
minimum of 50 black students for the School year commencing September 1, 1~'0
who reside within an area of 2 miles of the fleaBant Grove School and accepting
a maximum of 300 black students for the school year commencing September 1, 197
directing that The Board of Education of Jefferson County,A1abama, and its
officers, etc. shall henceforth operate .. a unitary school system as described 1n
this order, etc.; that the assignment of students, faculty and staff in accorda ce
with said plan shall be effective for the school year beginning September I,
1970 and thereafter; continuing the bi-racial committee, constituted by order
entered herein on May 22, 1970, for the school year commenCing September, 1970;
provided however that Rev. O. V. Portor, 605 Main St. Warrior, Alabama, is
appointed a member thereof, vice, Mr. M. L. Forniss, whos~ resignation is hereb
accepted, and directing the members of such committee~ei mutually convenient
date before the opening of schools in September, 1970, and from time to time
thereafter as the need may arise; and directing defendant Board to create a
bi-racial committee, consisting of three parents of pupils attending schools,
in each of the zones approved by this order and it shall be the function of
such three-member committees to communicate to the defendant Board, through the
six-member bi-racial committee, their observations relating to the operation of
the unitary school system hereby established; and directing the County Board of
Education on November 1, 1970 to file in the Office of the Clerk of this Court
a report eputaining the information specified in Appendix B to this order con­
cerning students, faculty, transfers, attendance outside system of residence
and construction, and theCourt to retain jurisdiction to review the progress
of desegregation filed and entered - copies mailed attorneys
Notic.
of plaintiff of appeal from order entered July 30, 1970 - filed - certifi.d
July 31
eopies mailed to Clerk, U. S. Court of Appeals, New Orleans, La. and to attor
8
for defendants
" 31/7 Bond for costs on appeal ($250.00) - filed
Aug. 1~7~Certifi.d copy of order of the U. S. Court of Appals for the Fifth Circuit
granting .pp.ll•• •• aotion to di-.1 •• this appe.l dat.d August 7, 1970, filed
(BefOre Thornberry, CI.rk .nd Insra"a, Circuit Judlel)
" 13 Certified record on appeal (without transcript and exhibits) mailed to Clerk,
U. S. Court of Appeals, New Orleans, La. - copies of dock.t entries with
letter of transmittal mailed to attorneys
(over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 20 of 55

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DATU

970
.."
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PROCEEDINGS

I Da.~ Order or

'/
JUdgmen' No"""
71 Notice of appal by the Unit... St.te. of Alleric. of tbatpart of the Order
is.ued on July 30, 1970. pert.ininl to the Pl....nt Grove School By.tea.
,
.nd tbat part of the Order pertaining to the Jeffer.on County School sy.tel·
necea..rily affected by the PI....nt Grove provision. filed - certifi...
copi.. _Ued to U. S •Court of Appeals and to counsel
21
Transcript of proceeding. before the Bon. Seybourn H. Lynne on June 29 - 30,
I
1970 filed - (2 volumes)
21
I
Transcript
of
proceeding.
before
the
Bon.
Seybourn
H.
Lynne
on
July
23,
1970
.
"
fil...
I
Additional record on appal,conai.ting of transcript of proceeding. on June 29-~O
" 21
and July 23, 1970, with exhibit. and the Notice of Appeal by th. United
J
Stat. of ...rica . . . n.d to New Orleana - copy of tranamttal letter _n8</
to .11 attorney. of record
I
"
31 Ir.~order modififying the order entered herein on July 23, 1970 ra18ting to the Boar4
of Education for the City of Vestavia Hills flIed and entered (Allgood) ­
order dated August 28, 1970
Sept. l,g3 Certificate of Service by Robert S. Vance, Attorney for the Beard of Education
,
for the City of Veatsvia Hills, tbat a copy of the Order of Modification
made herein on Auauat 28, 1970, was personally delivered by him on August 2 •
1970 to the offices of Bishop & Carlton, attorneys for Jefferson County Boa d
of Education, filed
..
4/ 1Motion of plaintiffs to cite J. Revis lIall, as Superintendent of Schools for the
- I
.
Jefferson County School System for contempt for faUutato obey judgment
;', '/ .' "
of this Court entered July 30, 1970, filed - copies served by counsel ­
Report of the City of Homewood School System filed - copies served by counsel
30
Ict. I
Report of the Board of Education of the City of Vestavia Hills, Alabama filed ­
copies served by counsel

Report of the JEFFERSON COUNTY BOARD OF EDUCATION filed ­
Nov. 2
_...._~ _ _ ~_ ..._

..~_"._.

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L971

Report of the City of Homewood Board of Education filed ­
Report of the City of Vestavia Hills, Alabama Board of Education filed

Request by United States of America, plaintiff-intervenor for production of
documents by the Jeffer.on County Board of Education and Superintendent
Revis HIll filed ­
..
16 ~I Interrogatories by plaintiff-intervenor, The United States of America propounde
to the Jefferson County Board of Education and Superintendent J. Revis
.
lIall filed - copies serv'" by counsel
lar. 22 I l,;Jlotice that Norman C. AlIlIIker is no longer connected with the legal staff of the
NAACP Legal Defense Fund and withdrawing his name from this case filed -I'
copies served by counsel
Iy 13/ ?, certified copy of order of the U. S. Court of Appeals granting appellant's
.. '
motion for leave to supplement the record on appeal by including the
i
report of the Jefferaon County School Board filed in the United States
District Court on November 2, 1970 filed - (Before Circuit Judges
Thornberry, Clark & Ingraham)
Motion of plaintiffs for further and immediate relief filed - copies served by JI
24
counsel
24
lnterrogaooies by plaintiff propounded to Charles Vines, Assistant Superintenden,
of Jefferson County Board of Education filed - copies served by counsel ~'
If
26
Second interrogatories by plaintiffs propounded to J. Revis Hall, Superintenden ,
Jefferson County Schools, filed - copies served by counsel
If
Motion of plaintiffs to enjoin construction and institution of a new high school
in the Edgewater Community filed - copies served by counsel
une
Original record on appeal received from U.S. Court of Appeals - receipt acknowle ged
If
Second suppl~enta~ record on appeal received from Clerk, U. S. Court of Appeals

reb. 12
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16

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 21 of 55

D. Co 11M Rev. Civil Docket Continuation

DAn

SOUTHERN DIVISION

======CA==6=5=-=3=96======#,1I4~=======c====.
PROCEEDt.~GS

1971
July 1

•qp Motion

Date Order

I: Judgment Nt

of plaintiff for pretCit=mi=n::a=r=y:-7i=nCij=un=c=ti:'i'o=n=:--Ca=n=a""-'aTe:Cc:"lr.a:':r"'a"t"'o::-:r::y::-:r::::e"'l"i"'e"f,.-:cwt:7-.:e"'h:--'
regard to transfer of properties by the Jefferson County Board of Education
to the City of Midfield filed - copies served by counsel - del. to Judge
Brooms

21
Certified copy of the order-opinion of the U. S. Court of Appeals issued as
and for the mandate July 16, 1971 as to the Board of Education for the
City of Pleasant Grove, vacating the order of the district court under revi w
and remanding cause with direction to implement fully the uniform provisio s
of decision in Singleton as relate to desegregation of faculty. staff. etc •
and to require filing of semi-annual reports, etc. filed (original and
supplemental records, together with envelope of exhibits returned)
22
Order
setting a hearing on the desegregation plans filed by the Boards of
"
Education on August 6, 1971, and on the objections thereto filed on
August 12, 1971, as to the Jefferson County Board of Education, Pleasant
Grove Board of Education, Homewood Board of Education, Vestavia Hilla Board '
of Education and the Midfield Board of Education, before Judge Sam C.
POinter, Jr. at 9 a.m. on August 16, 1971 filed and entered (Lynne) em
22
Order,
pursuant to the mandate of the U. S. Court of Appeals, that the Boards
"
of Education for Jefferson County, Pleasa~t Grove, Homewood, Vestavia Hills ,nd
Midfield collaborate in preparing a uniform desegregation plan, said plan
be filed no later than August 6, 1971 and all parties to submit objections
by August 12, 1971; and on each September 30 and January 30 the said Boards'
are directed to file reports filed and entered (Lynne) cm by U. S. Attorney
.
22
Order
of July 22, 1971, returned executed July 26, 1971 on City of HomeWOOd;
"
on Jij1y 23, 1971 on Jefferson County; Vestavia Hills; Pleasant ~rove and
City of Midfield, and filed
Cost bill of plaintiff filed - copy served by counsel
" 30
Plan of desegregation by the Board of Education of the City of Homewood filed ­
Aug. 5
copies served by counsel - copy sent to J. Pointer
5
Plan
submitted by,the Board of Education for the City_ of Vestavta__Hills in
"
accordance with thisCourt's order of Jui, 22, 1971 for incorporation into
the Jefferson County Plan filed August 4, 1971 - copy sent to J. Pointer
6
Plan of desegrer,atior for the City of Midfield pursuant to the order of this
Court entered on July 22, 1971 filed - copy sentto J. Pointer
6
Plan of desegregation for the City of Pleasant Grove filed - copy sent to J. Poi ter
9
Jefferson County School Plan filed - copy sent to J. Pointer
l~;
Objections
by plaintiffs to the desegregation plan submitted by the City of
"
Vestavia Hills filed - copies served by counsel
Costs taxed by the Clerk - bill mailed attorneys for defendants
" 11
12';1../!)
Plan and memorandum of the \Jefferson County School Board (2nd part) filed
"
copy del. to J. Pointer
n
12
Objections by plaintiffs to the desegregation plan submitted by the City of
Pleasant Grove filed - copies served by counsel
copy del. to J. Pointer
12
Objections
by
plaintiffs
to
the
desegregation
plan
submitted
by the City of
"
Midfield filed - copies served by counsel
copy del. to J. Pointer
12
Objections by plaintiffS to the desegregation plan submitted by the City of
Homewood filed - copies served by counsel
copy del. to J. Pointer
Objections by plaintiffs to the plan of organization filed by the Jefferson
12
County School Board on August 9, 1971 filed - copies served by counsel ­
...
copy del. to J. Pointer
" 13,2/ 'Motion of plaintiffs for order joining George Corley Wallace, individually and
as Governor of the State of Alabama, a. a party defendant, filed • copies
served by counsel - copy del. to J. Pointer

..


I')

l

to

..

....



~

..

..

(over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 22 of 55

DATE

I

PROCEEDINGS

/ /\

~

:

J::~:-O~~

1971
L~
lug. l3i'C:>MOtiOn of plaintiffs for preliminary and permanent injunction filed .····~op:.l:es·--i········---served by counsel
• Notice of MOtion attsched
copy del. to J. Pointef
If
13
Revised objections by plaintiffs to the plan of organization filed by the
,
Jefferson County School Board on August 9, 1971 filed - copies served by
counsel - copy del. to J. Pointer
I
of the United States to the desegregation plans filed by the defendants
" 13 J.il.I Responsefiled
- copies served by counsel - copy del. to J. Pointer
It

"

.

"

16

hearing before the Hon. Sam C. Pointer, Jr. - Motion of plaintiffs to add
Governor George C. Wallace as a party defendant denied - Request of priva e
plaintiff for relief filed - Arguments by counsel - Conclusions stated by .
the Court to proceed forward to fashion an acceptable plan - Daily adjour :_
ment
18
Hearing resumed • Statements by the Court as to the conference dictated into
record - Statements by counsel - Defendant's testimony - Defendants rest
Conclusions by the Court dictated into the record - Written order to be
entered

18 ~ 9Clerk's


Court Minutes entering Judgment on Decision by the Court that this case
having been heard and conclusions dictated into the record, a written
order will be entered - filed and entered
24
Order in response to the order of remand from the U. S. Court of Appeals and up
consideration of evidence taken and arguments made in open court and in
chambers as to the Jefferson County Board of Education, Board of Education
of the City of Pleasant Grove, Board of Education of the City of Homewood,
Board of Education of the City of Vestavia Hills and Board of Education of
the ~ity of Midfield filed and entered (Pointer) - copies served Aug. 24
by U. S. Attorne, upon himsel.f, Department of Justice, plaintiff, Superin­
tendent of Education of Jefferson County and the individual board members;
Aug. 25, 1971 copy del. by us to Mr. Virgil Nunn on behalf of Homewood;
Aug. 25, 1971 copies del. to U. S. Marshal for service on counsel for
Pleasant Grove. Vestavia Hills and Midfield; Aug. 25, 1971 copies mailed
to NAACP; Gray, Seay & Langford and Beavers, Shannon, Harriaon & Qdom
Order, upon consideration of the August 24, 1971 letter and motion of the Jeffers n
25
County School Board requesting a mo.ification in the Aug. 24, 1971 'court­
approved desegregation plan with respect to the Graysville and Minor zones,
amending said plan in accordance with the set out provi~ons filed and ent ed
(Pointer) em
.
26
Notice of Appeal by plaintiff from the final order of this Court dated August 24
1971 filed - certified copies mailed to U. S. Court of Appeals and parties
26
Cost bond On appeal ($250.00) filed

31

1&

Notice of cross appeal of defendant-intervenor, Board of E~cat1on of the City 0
Pleasant Grove filed - certified copies mailed to Clerk, U. S. Court of
Appeals and attorneys
3l~(::" ,: Cost Bond on Appeal ($250.00) filed
of Aug. 24, 1971
Marshal's return showing service of order/on Dr. Revis Hall, Jefferson County
pt. 1
Board of Education On August 24, 1971 and On McEniry, McEniry & McEniry
Attorneys for Pleasant Grove on August 26, 1971; on U. W. Clemon on Aug. 2 ,
1971; on Robert Vance, Attorney for Vestavia HtU! and Norman K. Brown,
Attorney for Midfield on August 26, 1971, and filed
8 .~~:. 0 Amended Order, in response to petitions for modii; Gation and clarification filed
by several of the defendant boards of education, amending the orders of
August 24, 1971 and August 25, 1971 filed and entered (Pointer) cm
of Jefferaon County Board of Education for modification and c1arificati n
" 8 \ .. '/ Petition
of orders entered August 24, 1971 and August 25, 1971 fUed in open court
by the Hon. Sam C. Pointer, Jr. on September 3, 1971 - coptes served by
cOUll.el

"

.

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 23 of 55

PROCEEDINGS

Sept. 8

..

8

Date Order
Judgment Nl

(i)~""cc'C';';:Mo=t~i;-o~n:--o~f;:-p:-;l;-a-:i;-n-:t-:i:-:f;C;f;-;f;-o-r----;f;-u-r-:-t~h-e-r-r-e~l-:-i-e-::f:-::f;-i;-l-e-::d---co-p-:-ie-s-,,-e-rv-e-d-b-y-c-o-un-s-e-l---~

copy sent to J. Pointer
Motion of plaintiff for injunctive relief barring students and parents from
"sitting in" at $choob other than the ones into which they are zoned
filed - copies served by counsel
copy sent to J. Pointer

11

9 "j ,', ; Transcript of proceeding. beginning on August 16, 1971, before the Hon. Sam
C. Pointer. Jr. (3 volumes in triplicate) filed

11
10

Certified record on appeal and cross appeal mailed NO - copies letter of
transmittal and docket entries mailed to attorneys
" 14 P:: I Motion of plaintiffs to enjoin operation of the Pleasant Grove School System,
,
or alternatively, motion to cite for contempt for failure to obey
judgment filed - copies served by counsel
" 14 ~rder directed to the Pleasant Grove School Board and Superintendent of Schools
Richard McBride to show cause on September 16, 1971 at 4:00 P.M. in the
Courthouse why the relief set forth in the plaintiffs motion of September
14th should not be granted and directing the Marshal to serve a copy of
this order on the Board and Superintendent filed and entered {Pointer}
copies del. to U. S. Marshal
11
16
On Hearing before the Hon. Sam C. Pointer, Jr. on show cause order of
September 14, 1971 regarding the Pleasant Grove School System ­
defendant's answer to motion for injunction or petition for contempt
filed - questions by the Court to defendant in regard to answer ­
plaintiff's response to defendant's answer and the COurt's question ­
plaintiff's testimony - plaintiff rest - defendant's testimony ­
defendant rest - case taken under advisement - decision to be entered
September 17, 1971 - request by U. W. Clemen for attorney's fee to be con­
sidered by the Court ­
16
':
Clerk's
Court ;Hnutes that this case be taken under advisement - order to be
"
entered filed and entered
17"J ,IPetition of the Jefferson County Board of Education for emergency relief and for
modification of orders entered August 24, 1971, August 25, 1971 and
September 8, 1971, with Appendix A abd Appendix ~ attached filed ­
~opies served by counsel
- del. to J. Pointer
11
20
Memorandpm of Opinion (Transportation -- Pleasant Grove) of the Hon. Sam C.

POinter, Jr., dated September 18, 1971, filed and entered - em

" 20,((­ " Order, dated September 18, 1971, as to Transportation - P1easllnt Grove
ordering said board prior to 8 a.m., Tuesday, Sept. 21, 1971 to purchase
three school buses from surplus buses offered for sale by the county
board; that commencing with Tuesday, September 21, 1971, said board shall
provide free transportation for all students residing outside the city
limits of Ple.sant Grove, etc. and if said board aannot operate its school
system with the requirements imposed herein, it has the right to transfer
responsibility of public education within the Pleasant Grove zone to the
Jefferson County Board of Education, and directing the said Board to file,
by 1 p.m. Friday, September 24, 1971 a written notice indicating whether
it has elected to continue its operation of the Pleasant Grove School
System or transfer all responsibilities to the Jefferson County Board of
Education; and directing that a copy of this order be served upon the
members of the Board, theSuperintendent and the Superintendent of the
Jefferson County school system, and copies to be served on all other
parties and the Court of Appeals filed and entered (Pointer) cm as directe
11
Copies of motion, answer, memorandum opinion and order (Pleasant Grove School
20
System) mailed to Court of Appeals as directed by the Court
11
20
370rder to show cause returned September 17, 1971, executed on ~~~n;-i~~~~rd
of Education and Superintendent on September 15, 1971, and filed

.

0'

e:

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 24 of 55

.9~fTE

I

..

.

PROCEEDINQn

....

_~ _ _ _

·

...._

___...

I

Date Order or

/I.fl",_.__:Judgment Not.

:ept. 23 j:\1 Opinion and order dated September 18, 1971, returned, executed September 21,

I
1971 by service on Dr. J. Revis Hall, Jefferson County Board of Education,
:
and filed
\I
Notice of appeal by United States of America, plaintiff-intervenor, of the

23
order entered on September 8, 1971 filed - copies mailed

Notice
of the Board of Education of Pleasant Grove, in obedience to this court'
24


"
order of September ··18,1971, . to ;perate its own system without transporta­

tion filed - copies served by counsel

Order Judgment, dated September 24, 1971, that Notice of Pleasan~ G3UVe Board
" 27

of Education to operate its own system without transportation, does not
constitute a notice to operated its system in accordance with the decrees
of this court; and accordingly, deeming said board has elected to transfer
responsibilities for public education to the Jefferson County Board of
Education; such transfer to be effective as of Monday, September 27, 1971;
and further ordering that to the extent said Board, et al fail to executed
any documents needed to effect such transfer directing the Clerk to perfo
such acts, and that this order be taken as JUDGMENT divesting the said Boa d
and investing the Board of Education of Jefferson County with all real or
personal property of the Pleasant Gove Board of Education effective
September 27, 1971 filed and entered (Pointer) cm
Notic" of defendant-intervenor, Board of Education of the CitL_of '?l.e.'l.san.t__Qr.".v
" 28
of cross app"al from final ord"r entered on S"pt"mber 8, 1971 - fUed ­
copies mailed Clerk, U. S. Court of Appeals, New Orleans, La. and attorney

28
II";:
Bond
for
costs on cross appeal (~250. 00) fned

"
29
Non-Racial
objective criteria of the City of Homewood filed - copies served by
"
counsel
Notice of appeal by defendant-intervenor Board of Education of City of Pleasant
:t.
1
NGrove from the final orders of this Court entered on September 18th and
24th, filed - em
Cost
bond
on appeal ($250.00) filed
1
"
Designation of record on appeal by the United States, plaintiff-intervenor and
5
amicus curiae and appellant herein filed - copies served by counsel
Motion
of United States of America, plaintiff-intervenor for order to enforce
5
"
zone lines filed - copies served by counsel

"

'?Transcript of proceedings on September 16, 1971, before the lion. Sa.. C. Pointer,
Jr. (in triplicate) filed
6
Certified record mailed to U. S. Court of Appeals (U.S.A. and Pleasant Grove)
no exhibits
7,
Notice ~h~t.plaintiffs till take the deposition of Charles Vines, Asst Super­
intendent of the Jefferson County School System at his office at 9:00 a.m.

on October 12, 1971 filed - copies served by counsel

14
Notice (letter) to remove nsme of Norman K. Brown as attorney for the Board of

Education for the City of Midfield, Alabama as the firm of McEnlry and

McEniry are attorneys for the said board filed - copies served by counsel

14
Order setting a hearing on the motion for order to enforce zone lines filed by

the United States on October 5, 1971, before Judge Pointer in Birmingham

at 9 a.m. on October 20, 1971 filed and entered (Pointer) - copies del. to

U. S. Attorney for service
l8,,<!:ijPetition of the United States, plaintiff-intervenor for removal of Bill for Temp rary
Mandatory Injunction and Bill for Permanent Mandatory Injunction filed in t
Circuit Court, Tenth Judicial Circuit of Alabama October 18, 1971, and for
consolidation with the Jefferson County Board of Education Civil Action 65­ 96
(Jefferson County No. 168-839 and 168-840) filed
Continued to next page

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 25 of 55

SOUTHERN DIVISION
.....__ ~ CA 65-?96__ _
MA'
.-============~=====~~====-p==

D. C.llIlAR.v. OMI DocketOO'lUnuatio.

PROCEEDINGS

Date Ordel
Judgment N

--------_._-

Oct. 1 >5tReport of the Homewood City Board of Education filed - copies served by
counsel
20
Hearing before the Hon. Sam C. Pointer, Jr. on motion to enforce zone lines file
by the United States On October 5, 1971 - motion for emergency relief'and
for amendment of the Gardendale and Mbnor zone lines filed - defendant's
reply to motion for order to enforce zone lines filed - oral motion by
defendant's attorney Hugh Locke to quash subpoenas - denied - arguments by
counsel - plaintiff's testimony - stipulations agreed to by the parties
entered into the record - Court adjourned - case continued to October 25,
1971, 9:00 a.m.
n 21.;/ S Report of the Jefferson County Board of Education filed - (cardboard box full)

" 21 I Report of the Board of Education of the City of Midfield filed October 20, 1971

I
copies served by counsel

" 21,,'};7 Report of the Board of Education of the City of Vestavia Hi lIs filed October 20,

,
1971 - copies served by counsel

.. 25

Hearing resumed - plaintiff's testi~ony coati~ued - plaiatiff rests - Defendant'
testimony - Defendants rest - Memorandum filed by plaiatiff - Arguments by
couDsel - Court's findings dietated iDto the record - order to be entered
by the Court
.. 25~5,>'Clerk'lI Court Minutes enter ill!! judgment Oft decision by the court that findlll.gs

of fact having been dictated into the record, a written order will be

entered - filed and entered

Motion of plaintiff for emergency relief filed - copies served by counsel
26

..

"

Nov~

.

I

Order, upon consideration of the Petition for Removal and Consolidation filed b
intervenor-ppaintiff, the United States of America, and of the motion for
emergency relief filed by the plaintiff, that the named persons, being part' s
to cases 168-839 and 168-840 now pending in Circuit Court of Jefferson Coun ,
show cause why an injunction shmuld not be granted by this court staying pro­
ceedings in such cases and directing such parties not to enforce or be boun
by such proceedings; the parties to file their response to this order by
November 15, 1971, at which time the court will determine whether a factual
hearing is necessary in connection therewith, and directing that a copy of
this order be served 9pon Palmer W. Norris and James H. Faulkner, attorneys
for complainants in such proceedings and upon Maurice Bishop, atborney for
the school board and upon such of the named parties as to whom acceptance
of service is not made by their attorneys filed and entered, and dated
October 29, 1971 (POinter) copies mailed as directed
IOrder, dated October 29, 1971, on the motion of plaintiff-intervenor, the
United States of America, to enforce zone lines in the QI~ysville school
attendance zone and student assignment provisions; that students listed On
Attachment A shall be assigned and transferred to Graysville High School
effective Spring, 1972 semester and records pertaining to such students
maintained by Minor High School be transmitted to Graysville High School
prior to the commencement of such semester and academic credit will be
allowed only if such students enroll and attend Graysville School; and
further ordering the Jefferson County Board of Education to conduct an
investigation to determine the proper attendance zone of every other 10th
or 11th grade student now attending Minor High School who at some prior
time attended Adamsville Elem. School, Ada~vil1e Junior High School Graysvi Ie
Junior High School, Graysville High School, Brookside Junior High School, or'
Minera 1. Springs Elem. School and the findings of the Boa rd to be reported to
the court by December 1, 1971, giving notice to parents, etc. and if there
is disagreement with such finding, application may be made within 10 days
thereafter to the court for a hearing on such residence and encouraging the
parties to suggest to the court by November 15, 1971 the names of persons fo
possible appointment by the court to the committee to recommend·t~ansfers because

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 26 of 55

DATE
1 Q71

I, _ _ _ _ __

L

De.~Ol"4eror

PROCEEDINGS

Judgment Noted

of hardship, etc. filed and entered (Pointer) copy hand sel. to Mr. Bishop
and copies mailed to all other counsel
" 15.;(1 otion of Charles Owens, Sinda Lou Owens, Major A.caldwell, Marvelene caldwell,
Charlie MCDaniel and George E. Stripling to dismiss its order dated
October 29, 1971 filed - del. to J. Pointer
15
Special appearance of the Jefferson County Board of Education and motion to
strike petition for removal and consolidation purported to have been filed
in this cause on October 18, 1971 filed - copies served by counsel (copy del by atty tc
Motion of the Jefferson County Board of Education,without waiving its special(J. Pointer of
15
appearance and motion to strike, to remand the described cases to the Circui (pleading
Court of Jefferson County filed - copies served by counsel
(11/15/71
Response of the Jefferson County Board of Education to the order dated October 2 ,
15
1971 filed - copies served by counsel
Notice of appeal by the Jefferson County Board of Bducation from the order rende ed
15
October 29, 1971 relating to student attendance at Minor High School filed ­
cert. copies mailed
" l!bl, '/Designation of record on appeal by the Jefferson County Board of Education filed ­
copies served by counsel
24q ::,NoUce 4irected to the Bon. George C. Wallace, Governor of Alait.,.., and to Hon •
(,
William J. Baxley, Attorney General of Alabama, that the Court will receive
on or before December 3, 1971, briefs or other legal memoranda in support of
the ConititutiORa1ity of Act No. 1418, 1971 Regular Session of the Alabama
Legislature; the Constitutioaality of this Act may be involved in .n ancil­
lary proceedings now pending in this Court; details of matters involved 1n
this proceeding may be obtained from the Court files in this Court or by
COlnUl'lLcation with Hr. Ray Acton, Asst. Attorney General;for the State of
Alabama, or Judge SaM C. Pointer - issued - forwarded by certified mail to
Gov. George C. wallace and Attorney General William J. -.xley
.. "~',,)' Transcript of proceedings held on October 20, 1971, before the HOIl. Sa.. C. Pointe,
Jr. (3 volumes) filed 1n triplicate

lov.

1

..
..

..
..

..

..
c.

29

Certified record on appeal mailed to Clerk, U. S. Court of Appeals, New Orleans,
La. - exhibits included as #8 - copies of tranSMittal letter with docket
entries mailed to attorneys
l~ !ONotice that plaintiff-intervenor, United States of America will take the
depositions of: William D. Baker at 9 Ii .m.; Amos M. Sewell at 9: 45 a.m.;
Charles Vines at 10:30 a.m.; Lillian P. Sanderlin at 11 a.m.; Charles A.
Brown at 11:30 a.m.; Lorenza Mccarthy at 1:30 p.m.; John P. Smith at 2 p.m.;
John S. Jackson at 2:30 p.m.; William Hawes at 3 p.m.; Dr. J. Revis Hall at
3:30 p.m. and William Burkett at 4p.m. on Tuesday, December 7, 1971 at the
Superintendent's Office, Jefferson county Board of Education, filed ­
copies served by counsel
3,:{
Nemorandum of Opinion and Order of the Hon. Sam C. Pointer, Jr. dec laring that
Alabama Act No. 1418, 1971 Regular Session is unconstitutional; that for the
remainder of the Fall 1971 semester, Susan Stripling shall be permitted to
renan as a student at Concord E. S. and Steve Owens, Frances Owens, Robert
Allen Caldwell, Debra Caldwell shall be rermitted to remain as students at
Leeds E. S. and for the Spring 1972 semester such students shall be permitte
to attend Jefferson County school only in strict conformity with the
provisions of the "desegregation plan' then in effect for such system, that
Charles Owens; et 131 and the Jefferson County Hoard of Education are enjoine
from enforcing or relying upon Alabama Act No. 1418, and from further I rosecut ion, etc. or otherwise being bound by cases No. 168-139 and 168-140
presently pending in the Circuit Court for the Tenth Judicial Circuit of
Alabama; and d!'nying arplications for other relief by the federal court
plaintiffs or intervening plaintiff, specifically the award of attorneys fee

r.

p

npyf'

0:<0':>

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 27 of 55

D. C. llOA. Rev. Civil Docket Continuation

SOUTHERN

CA 65-3<:)6
PROC1!.mi'DINGS

DATE

1971


Dec.

DIVIS!Or-~

3


Date Orde.

Judgment :r.;

CI

and direcing

th~

attention of all parties to Part III of Singleton v.

Jackson Municipal Separate S"hool District, with the change that three
legible copies of all matters pertinent to the issues presented on an
appeal are to be filed and nO extension from tht' schedule will be allo,,,,,d
except by order of the panel of the Fifth Circuit to which the IlI,peal is

assigned filed and entered (Pointer) em attorneys of record, to the
Governor of Alabama and the Attorney General
cJ
(:;.
Order.
dated December 3, 1971, pursuant to provisions of Pa'ragraph 5 of the
7{).
"
I order dated October 29, 1971 and filed November I, 1971, appointing the
following persons to constitute a special committee for the purpose of rulin,
on applications for transfer within the Jefferson County School System under
provisions of Paragraph IV (e) of the order of September 8, 1971, and for
such other related activities that may be directed by the Court: Dr. Gordon
Goodall, Mrs. Ronald Kent, Mr. W. A. LeCroy, Mr. Edward Scott and Mr. Lewis
White, filed and entered (POinter) em to counsel - copies left in Judge's
office for committee members
Motion of defendant-appell.nt, Board of Education of Jefferson County, Alabama,

30
to dismiSS appeal filed - copie8 served by counsel

Order on motion of defendants-appellants dismis8ing appeal filed and entered
" 30

(Lyane) - certified copies . .iled Clerk, U. S. Court of Appeals and attor.ey~
for appellees
(Uecord r~turlCed from ?i~'J Orleans 1/6/72)
Notice of appeal of Charles OWens, Sinda Lou OWens, Major A. Caldwell, Marvelen,
" 30
Caldwell and Charlie McDaniel from order entered on December 3, 1971, .eclar­
ing Alabama Act #1418, 1971 regular sess10n, unconstitutional filed ­
certified copies mailed to Clerk, U. S. Court of Appeals and to attorneys
Appe.l Bond ($250.00) filed
" 30
Notice of appeal of George E. Stripling from order entered on December 3, 1971,
30
"
declaring AI..... Act 11418, 1971 regular se88ion, unconstitutional filed ­
certified copies mailed to Clerk, U. S. Court of Appe.ls and to .ttorneys
Appeal
lond ($250.00) filed
30
"
1972

Jan 4

Designation of record on appeal of Charles OWens, Sinda Lou OWens, Major A.
Caldwell, Marvelene Caldwell and Charlie McDaniel filed - copies served by
counsel
Designation of record on appeal of George E. Stripling filed - copies served by
"
counsel
Certific.tes of service (2) of designations of record on appeal filed
" 7
ll~~f I Notice to parents that on SSturday, January 15, 1972 at 9 a.lII. in Chambers

the Court will provide an opportunity to submit additional evidence re­

garding proper attendance zone for child and although informal, to be

prepared to substantiate claim for attendance at Minor issued by the Clerk­

mailed by certified mail

11
Letters mailed to parents of children allowed to continue to attend Minor High
School ­
13
Certified record On appeal mailed to Clerk, U. S. Court of Appeals, New Orleans,
La. (re anti-bussing act) - copies of docket entries and transmittal letter
mailed attorneys

..

..

.
.

" 19

Certified 8upplemental record oa appeal mailed to Clerk. U. S. Court of Appeals,
New Orleans, La. at oral request of attorneys for .ppellants - copies of
tran••ittal letter .nd doeket entriel mailed attoraeys
(over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 28 of 55

DATE

PROCEEDINGS

L5Q=-___I

Date Order

or

:. ;_9:..;7c...;2,-,...--_i
____
Judgment Noted
Jan. 27if::",APPHCStiOn of the United States, Plaint.iff-intervenor for order to show
cause as to the Leed~~lementary School, with affidavit of Paul F.
Hancock, attorney for the United States attached - copies served by
I
counsel del. to J. Pointer
Application of Janie Ruth Jones, Lelia Mitchell, Essie Mae Brooks and Verna
Rose, parents of black children, for temporary injunctive relief in
3

assignment of students in the Leeds School Zone filed - copies served by
counsel
del. to J. Pointer
Depositions (10) of J. Revis Hall; William Hawes; William Baker; Charles C.
3
Vines; Lorenza Mccarthy; John S. Jackson; Charles A. Brown; Lillian P.
Sanderlin; John T. Smith and Amos M. Sewell (with exhibits in brown
manila envelope attached)
filed
10
Peti'tion of the Board of Education of the City of Homewood, Alabama for
additional relief and approve the proposed construction of the high
school filed - copies served by counsel (copy del; to J. Pointer by couns' )

1l:~'~
Petition of the County Board of Education of Jefferson County for authority
-to,purchase site and construct elementary and junior high schools on
-.' ,
>
said site (Chapel Hill School Site) filed - copies served by counsel
(del. to J. Pointer
Certified copy of order of the U. S. Court of Appeals denying appellants'

17
request for a stay of the, injunction issued by the U. S. District Court

on December 3, 1971 filed

Report of Jefferson County School Board dated February 1, 1972. filed
18
Report of Midfield City Board of Education dated January 31, 1971, filed
22
copies served by counsel
Report of Ho.ewood City Board of Education filed - copies served by counsel
22
Report of the City of Vestavia Hills Board of Education filed - copies served
24
by counsel
Certified
copy of order of United States Court of Appeals, Fifth Circuit,
29
as to Jefferson County Board of Education, denying appellants' - Charles
Owens, et aI, request for a stay and restraining order gainst plaintif£­
intervenor filed
(Before Thornberry, Clark and Ingraham, Circuit Judges)
lar. 2.;( " Order. in response to the application filed on January 27, 1972 by the United

States, ordering Mr. Joe A. Sheppard, Principal, Leeds Elementary School,

to appear on March 11, 1972, at 9 a.m. in the Federal Courthouse and show

cause why he should not be held in civil contempt of order of this court

filed and entered (Pointer)
Service accepted by Mr. Maut'ice Bishop

Hotice that plaintiff-intervenor, United States of America will take the
3
deposition of Joe A. Sheppard. Principal, Leeds Elementary School, Leeds,
Alabama at 5:00 PH, on March 8, 1972 at the office of the U.S. Attorney ­
filed - copies served by counsel
,
7 c~'.5 Motion of def1andant Jefferson County Board of Education and Joe A. Sheppard,
Principal, Leeds Elementary School, to stay time for taking deposition of
Mr. Sheppard filed - copies served by counsel del. to J. Pointer
On hearing on March 11, 1972, before the Hon. Sam C. Pointer, Jr. on motion of
" 13
Jefferson County Board of Education to purchase site to construct elementary
and junior high school - Jefferson county Board's testimony - Closing argu­
ments by counsel - Court deferred ruling on motion until briefs are submitte -

briefs to be submitted to the court by March 18, 1972
13 ") Ii Clerk '. Court Minutes entering judgment on decision by the court that the court
I~
will defer its rullng on Jefferson County Board of Education's motion to
purchase land and aSK parties to submit briefs by March 18, 1972 - filed and
entered on March 11, 1972 - copies mailed attorneys

,~b'

'P

..

.
.

..

.

..

(cont)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 29 of 55

D. C. !lOA Rev, Civil Docket Continuation
DATE

SOUTHERN DIVISlttI

CA 65-396

,

IflIl

==~================~~=========T=====
Date Order
PROCEEDINGS

Judgment N(

1972
Mar 13

On hearing on March II, 1972, before the Hon. Sam C. Pointer, Jr. on order to
show cause why Joe A. Sheppard should not be held in contempt of court ­
opening statements by counsel - Testimony of plaintiff-intervenor - Plaintif intervenor rests - Decision by the court finding Joe A. Sheppard in contempt
of court antered
" 13J 17Clerk's Court Minutes entering judgment on decision by the court that Joe A.
Sheppard be found in contempt of court and has until the afternoon of
March 21, 1972 to purge himself - filed and entered on March II, 1972 - copi s
mailed attorneys
n
l3/.<'i/Order to show cause to Mr. and Mrs. C. M. McDaniel; Mr: and ~rs. Charles Owens;
and Mr. Major Cladwell why you should not be found 1n CiV1l contempt for
failing to comply with the Order of this Court dated December 3, 1971,
which permitted your children to attend Jefferson County Schools for the
Spring only in strict conformity with the desegregation plan then in effect
for such system under applicable federal court orders filed and entered
(Pointer) cm
18
On
Hearing
on Order to Show Cause, dated March 13, 1972, before the Hon. Sam C.
"
Pointer, Jr. - opening statements by counsel - decision of the Court to
strike the show cause order of March 13, 1972, but will continue his
decision to strike until the afternoon of March 21, 1972 ­
1C1erk's Court Minutes on Contempt Proceeding held March 18, 1972, that it is the
"
decision of the Court to strike the Or~~r to Show Cause, issued on March 13,
1972, but the Court will continue its decision to strike until the afternoon
of March 21, 1972 filed and entered
n
Report of Joe A. Sheppard to the Court pursuant to Order thereof filed ­
21
copy served by counsel (re: Leeds Elementary School) cepy del. toJ. Lyane
n
23
Order to Show Cauae purauant to Order of Decem.er 3, 1'72, returned, executed
on 3-15-72 on Mr. C. K. Daniela end Mrs. C. M. Deniels and Mr. Major C1adwell;
and unexecuted on Mr. Charles OWens and Mrs. Charles Owens and filed
n
24
Meaorandua of the United States in support of their •• jection to propoaed
construction in the .erry High School zone area filed - copies served .y
counsel (copy aent to Judge Pointer)
Order,
dated April 8, 1972, vacating the Order previously indicated in open
Itpr. 10
Court on March 11, 1972 finding Joe A. Sheppard in contempt filed and
entered (Pointer) em
13
Petition
of the Jefferson County BoardQf EducatiQlL for extension of time with
'"
respect to the fultonda1e-Springd,,:L,,_ Zone filed - copies served by counsel
n
del. to J. Pointer
Grrt;( 5/J2~72 <Pointer)
13
Order approving motion oFt eomewoo City Board of Education to construct a
high school facility and authorizing the City of Homewood to construct the
facility in question and approving its actions heretofore taken in connection
with such facility filed and entered (Pointer) cm
n
Memorandum of Opinion and Order of the Hon. Sam C. Pointer, Jr., dated April 13,
14
1972, granting the petition of the Jefferson County Board pf Educatjop of
February 11, 1972, for approval of its plan to construct school facilities
at a site to be acquired on Patton Chapel Road in the southern portion of
the county filed and entered (Pointer) cm
Motion of United States at America, plaintiff-intervenor for supplemental order
"
I

requiring the,Jefferson County Bgard of Educatigp

before the beginning of

the 1972-73 school year. to reassign its faculty and staff so that the
white-black ratio of staff and of faculty assigned to each school is
substantially the same as the ratio for staff and for faculty in the system
as a whole filed - copies served by counsel copy del. to J. Pointer

\ "

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 30 of 55

DATE

1972
May 1

PROCEEDINGS
____

______ i

?> jl Notice

of appeal of plaintiffs from final order entered on April 14, 1972 _
filed - certified copies mailed to Clerk, U.S. Court of Appeals and to
attorneys for defendants

,

" 1:' ,.1 Appeal
"

/../ I_~~_dgment

~~

Bond ($250.00) filed

16

Certified record on appeal mailed to Clerk, U. S. Court of Appeals, New Orleans
La. (exhibits on hearing of 3/11/72 included as #7) (re construction of
new school) - copies of transmittal letter with docket entries from
January 27, 1971, mailed attorneys
uly 20.~ IJ Supplemental amendment to the desegregation plan contained in the amended
order of the Court, dated September 8, 1971, filed - copies served by
counsel - copy del. to J. Pointer by attorney
Order that defendants shall file with the court a specific proposal for the
" 25
desegregation of grades 1-12 in the Fultondale-Apringdale zone and that
said plan shsll meet the requirements of paragraph l(a) (5) of the September
8, 1971 order of this court; by August 7, 1972, the defendants shall file
an alternate proposal to that filed on July 20, 1972 for the Graysville­
Kinor area which shall provide for the utilization of Graysville High Schoo
as a regular academic school on a desegregated basis and shall provide for
utilization of Edgewater as a regular academic facility on desegregated
bas'.; by August 7, 1972, defendants shall file a plan providing for
reopening and use of Woodward School etc; further defendants are directed
to forthWith forward all applications for hardship transfer to the Court
for disposition by the hardship committee; further a hearing on July 20
proposal and other proposals which will be submitted pursuant to this order
shall be held on August 22, 1972, in Birmingham commencing at 9:00 AM ­
filed and entered (Pointer) - cm
Aug. 10
Further Amendment to desegregation plan pursuant to Court order of July 25, 1972
filed - copies served by counsel
del. to J. Pointer
22

"

Objections of private plaintiffs to supplemental plans of desegreaatioR of the
Jefferson County School Board filed - copies served by counsel - del. to

A.D.

"

22.3 i _, Response of p 1& intH f-intervenor, United States of America, to each proposa 1
filed by defendants pursuant to Court order of July 25, 1972, filed - copie
,

"

22

"

22"­

"

25

"
"

28
2

" 22

Lett~1f/~bi!'tfgr~:i~urice

r. Bishop to Judge Pointer re construction - filed
hear ina before the Hoa. Sam C. Pointer, Jr. on proposal of July 20, 1972, and
other proposals - Statements by the court and counsel presented - Testimon
by defendants presented - testimony concluded - case to be taken under
submission - written order to be entered
i.-,Clerk's Court Kinutes enterina judgment on decision by the court that this case
be taken under submission - written order to be eatered - filed and
entered - cm
Memorandum of Opinion and Order re ...tag
shown in order as to Fultondale­
Spri."ale Zone; Gardendale, Graysville and Minor Zones; Pleasant Grove
Zone; Wenonah, Lipscomb, Berry and Shades Valley Zones as shown in order;
further granting the Board's request for approval of the construction
projects outlined in its letter of August 18, 1'72; further that the
Jefferson County Board of Education implement a student assignment plan
for 1'72-73 in accordance with the prior directives of the court as
amended by the provisions of this order - filed and entered (Pointer) - cm
Correction to order of August 25, 1'72, filed and entered (Pointer) - cm
'I~Petition for stay of defendant Jefferson County Board of Education re Pleasant
Grove and Lipscomb Zones filed - copies served by counsel - copy del. to
Jud&e~oin~r by counsel
On

.e

Date Order or
Noted

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 31 of 55

D, C. 11/lA. lWv, Civil Docket Continuation
DATE

SOUTHERN DIVISION

CA 65-396

Date Order
Judgment N,


PROCEEDINGS

On Hearing before the Hon. Sam C. Pointer, Jr. on petition of defendant
Jefferson County Board of Education re Pleasant Grove and Lipscomb ­
written order to be entered
!,[C1erk's Court Minutes that the petition' of defendant Jefferson County Board
of Education re Pleasant Gr'ove and I,ipecomb should not be granted and
the order of August 30, 1972 should stay in effect - written order will
be entered by the Court as to the other petitions presented on this
date filed and entered - cm
exhibits (petitions) in manila envelope
Sept. 6
Notice of appeal by plaintiff from the final order entered August 25, 1972,
insofar as it relates to the Graysville school zone; and the order
of August 30, 1972 insofar as it relates to the Edgewater school
zone filed - certified copies mailed
Cost bond on appeal ($250.00) filed
6
"
"" Sept. 8 ( () ;)Certified copy of opinion-order of the U. S. Court of appeals issued as and fa
the mandate, vacating in part, affirming in part, and remanding for furt er
proceedings not inconsistent herewith as to Pleasant Grove filed ­
(records on appeal and exhibits to be returned) record received

" 11

"

lecord

Oft

appeal with exhibits re order April 14. 1'72. received USCA

11 ~"".:Motion for intervention on behalf of Joseph F. Varner and Norman Fay Varner,

parents of Tommy Joe Varner and James Roy Varner, with complaint in
intervention attached, filed - copy del. by attorney to J. Pointer
(re Mulga and Edgewater Schools)

"

11

,/Notice of appeal of plaiatiff-iaterveaor. Uaited States of America, from
I

orders eatered Oft August 25. 1'72 sad August 30, 1'72 - filed - certlfi••
copi.s -.11ed

I

"

12

"

13

"

15

"

18

"
"

U"JSTranscrlpt of proceedings held OIl August 22. 1'72, at Biraliagham, Alaba1ll&.
" .
before the Hoa. 8. . C. Pointer, Jr. (ia triplicate) filed
l'
~a..cript of proceediags held Oft August 30, 1'72, before the Hoa. Sam C.
,.,
Pointer, 3r. at Birmingbaa, Alabaas (ia triplicate) filed

"

20

"

25

"

Original record on appeal (1 volume) and original exhibits (1 envelope) returndd
by Court of Appeals as to the City of Pleasant Grove
Original record on appeal andsupplemental record on appeal returned as to
City of Pleasant Grove
(3 volumes)
Copy of Opiaion of U. S. Court of Appeals re Board of Education ot the City
of Pleasant Grove received - See entry above of Sept. 8
Supplemental record on appeal re City of Pleasant Grove received

Certified record Oft appeal 1II&il.d to Clerk. U. S. Court of Appeals, New Orleans,
Louisiana - exhibits from hearinl 8/22/72 and 8/30/72 included .s #1';
copi.. tranamittal letter and docket entries mailed attorneys
On Hearing before the Han. Sam C. Pointer, Jr. on the motion for intervention

on behalf of Joseph F. Varner and Norman Fay Vsrner - Intervenor's testim ny ­
25:': '1, Clerk' s titl!F'm.9;fit~ilshil.Tt· %~n n"ll.~ o"fFmUnlii%d°t~~J.I.Adn9Jn'Ofu~itcwn'lia'VintaW dictated
into rec
been dictated into the recorq, petition for intervention on behalf of
Joseph F. Varner and Norman Fay Varner is denied filed and entered - em

Oct. 10

"

Execution on Order of July 22, 1971 awarding plaintiffs' COlts issued by the

elerk - del. to U. S. ~r8h.l for service

103 I:leport of Midfield City Board of EducaUon - filed


"

12',' "lSupplemaDta11d...i21:Ul.Uon of United SJ:ate~.~ plaintiff-intervenor, of record on
appe4 r1Ieu - coples served by counsel

(Over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 32 of 55

30
I

DATE

1972

/r

Date Order 0
Judgment Not
/uc~
-"'-''-='---1----

PROCEEDINGS

20'?t't)RePort
20
Report

Oct.

of City of Homewood School System - filed - copies served by counsel
of the Board of Education of the City of Midfield in obedience to the
Decree of September 8, 1971, filed - copies served by counsel
20'),- ".~Report of the City Of Vestayia Hills Board of Education filed - copies served
. '.
by counsel

"

"

Nov 3

"

__ '______~CS~,?z:L


3

" 9

ov. 14

15
15

Additional pleadings to be added to certified record on appeal mailed to Clerk,
USCA, New Orleans, La. at request of Justice Dept. - copies of transmitta
letter mailed attorneys
Execution returned, unexecuted on Jefferson County Board of Education (judgment
paid 11/1/72) and filed

., ~ ~~¥~lfiga ~§S;eB~QSrMS¥P§¥ ~hRQB~ ~~sE&5fflg~ Appeals, dated November 13, 1972,
I
granting the motion filed by the United States, Intervenor-Appellant for
an extension of time for transmitting additional portions of the Record
on Appeal filed
...

19
19

"

19

<

Plan of HgmewpQd

and

vesrBY; a Hj J J § Schpo'

§x§teme

filed

"

Report of vestavia Hills Board of Education concerning physical facilities
filed - copies served by counsel
On Hearing before the Han. Sam C. Pointer, Jr. as to Mandate from Fifth
Circuit September 7. 1972 - Testimony as to Brighton School zone put on by
private plaintiff - testimony as to Homewood School zone - testimony as to
Leeds-Moton zone - defendants' testimony - all parties rest - daily
adjournment ­
Trial resumed - arguments by counsel - order to be entered by the court
'I Clerk's Court Minutes that plans be submitted to the court by March 1,1973,
written order to be entered by the Court filed and entered

'ec. 18

"
"

.;

'';,

Order on hearing held December 18, 1972, that Moton School be paired with
Elementary School and Leeds High School; that commencing with the 1973-74
school year a new attendance plan shall be established for Brighton High
School and Brighton Elementary School; commencing with 1~73-74 school year
a new attendance plan shall be established for the schools in the Wenonah
zone; the Midfield Board of Education is to assume, by the semester change
in January 1973, the responsibility for transportation of out-of-city
students, in-its zone living more than 2 road miles from their assigned
schools; with plans to be submitted by set out dates filed and entered
1973
(Pointer) cm
Jan. 24· l Certified copy of order of the U. S. Court of Appeals denying appellees'

motion to modify the Court's order of December 15, 1972. filed

Feb. 1 ­ 1.'Motion of plaintiffs for immediate relief claiming Midfield School Board failed

and refused to provide transportation filed - copies served by counsel

5

On Hearing on motion of plaintiffs for immediate relief before the Han. Sam C.
"
Pointer, Jr. - defendant's answer to plaintitfs' motion filed - plaintiffs'
testimony - defendant's testimony - defendant rest - Findings of Fact dictat d
into record - decision deferred until attorneys advise the Court of correct
mileage ­
5 • {iClerk's Court Minutes that a decision is hereby deferred in this case until
attorneys advise the court of correct mileage - findings of fact dictated
into the record filed and entered
Bill
of costs approved by the U. S. Court-of'appeals received
6
"
8 •. ,:Bill of costs filed by plaintiff - copies mailed to attorneys for defendants,

"
Jefferson County, Midfield and Pleasant Grove

Letter from the U. S. Court at Appeals amending their Bill of Costs received
12
"
'1,

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 33 of 55

SOUTHERN DIVISION
D··~--

CA 65-390


Date Order

PROCEEDINGS

1973

-----

Feb. 13 ?:c.f

Judgment N

~Objections by the defendant, Board of Education of the City

pf Mjdfjeld
to cost bill of plaintiff
Obj ections Dy the defendant, Board of Education of the City 9f PI easapt Gry.-e
" 13·
to cost bill ot plaintift
i
LO
Report
or the Midfield Board ot Education tiled - copies served by counsel
"
,
21 '
Report of the City ~oard of Education of Hpmgwggd, Alabama - copies
served by counsel
L8
Report or the Board of Education of the City of Vestavia Hills filed ­
"
copies served by counsel

Mar. 1
Suggested desegregation plan for the Brighton-Midfield Area by the
Jefferson County Board of Education, with copy of the HEW restudy and plan
attached, tiled - copies served by counsel
11-fO Suggestions of the Midfield Board of Education tor the desegregation of the
"
I
Brighton Zone as per order of the Judge previously issued tiled ­
copies served by counsel
5
Notice (letter) from the U. S. Court of Appeals that that Court received a

"
certitied copy ot an order at the Supreme Court denying certiorari in

tnis cause received

Notice (letter) from U. S. Court of Appeals that that Court rece1ved a certi­

Apr. 21
fied copy of an order of the Supreme Court denying certiDrari (City 9f

Pieasant Grove) received

May 14
Original exhibits (roll) received (City of P+easant Grgye)

Petition of defendant Jefferson County Hoard of Education for reorganization
"

of tne Bottenfield Junior High School for the 1~73-74 school year fiied ­
copies served by counsel
copy sent to J. Pointer
Report of the ,leftersgn Coupty Board 9£ Educatiop fi 1 ed - copies served by
June 1
counsel
copy sent to J. Pointer
,
n
19 <.'1.' .. Motion by United ::;tates, plaintiff-intervenor, for civil contempt by defendant

""

Dr. Revis Hall, Superintendent of the JefterSOP

Jul

3

tt

3

"

3

"

13

II

13

"

13

County

SchOO'

Wyatm

filed

copies served by counsel

-1
!

Request by plaintiff-intervenor, United States, for admission by defendants,
,
Dr. Revis Hall and Habers of the Jefferson County Board of Education, filed 9 cs
Interrogatories of plaintiff-intervenor, the United States, propounded to
defendants. Dr. Revis Hall and 1IIeIIIbers of the Jefferson County Board of
Education, filed - cs
Motion of plaintiff-intervenor, tlB United States, for an order shortening the

tiae for answering tha interrogatories and request for admission filed here­

with, filed - cs

Response o£ defendant, Jefferson County Board of Education, to request for ad­
missions by Civil Rights Division filed - cs
Answer of de£endant, Jefferson County Board of Education, to interrogatories
filed by Civil Rights Division on July 2, 1973 filed - cs

Response of defendant Jefferson County Board of Education to Order of Court
relating to June 19, 1973, conference, filed - cs
I
" 16 . Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on December 18
!
1972. at Bimingham. Alabama, filed
• 19 j Certified copy of opinion-order frOll the U. S. Court of Appeals issued as and

for the ..nd~e July 18, 1973, re Graysville and Edgewater attendance

zones. &ffiming the order of the district court ana remanding the case

for proceedings consistent herewith and ordering that the district court

retain jurisdiction over this action for a perted of n6t le88 than three
school ysara f1"Oll date of this order. During next three school years the
school district .hall be required by the CQurt to file semi-annual reports
with said court similal: to those required in United States v. Hinds County
School Board 433 F.2d 611, 618-9 (5th Cil:. 1970). At conclusion of three

k

r

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 34 of 55

DATE

1973

---"''-'--=-_

i

/

Date Order OJ

Judgment No"

_ _ _ _ _ _ _ _ _ _ _ _ _~_ _ _ _ _ _ _ _ LJ,""""-'=='-=---I _ __

cont'd:
school years the district court shall consider whether the cause should be
dismissed. In no event, however, shall the district court dismiss the action
without notice to the plaintiffs and a hearing providing the plaintiffs­
appellant and intervenor an opportunity to show why dismissal of the cause
should not be further delayed. At such tt.e, if not previously resolved, the
question of authority of the splinter school district shall be finally
determined - filed - original record on appeal, two-volume supplemental
record and three-volume second supplemental record returned - third supple­
mental record and envelope of exhibits to be returned shortly - receipt
acknowledged (before Thornberry, Clark and Ingraham, Circuit Judges)
On

hearing before the Honorable Sam C. Pointer, Jr. on civil contempt motion

20
"
filed on 6-19-73. Opening statements. Plaintiffs' testimony. Daily

adjournment. Case continued to Friday, July 27, 1973, at 3:00 p.m.

One envelope of original exhibits and third supplemental record on appeal

" 24
returned from U. S. C. A.

Hearing
resumed - plaintiffs' testimony resumed - responseBto request of court
27
"
filed by school board - plaintiffs rest - defendants' testimony ­
Findings dictated into record - daily adjournment - (Wenonah & Brighton)
Hearing resumed - testimony on the Fifth Circuit's remand presented ­
" 28
response to the direction of the oral request of the Court filed by

Midfield Board of Education - evidence deemed closed by the Court ­
order to be submitted
(exhibits in brown manila envelope)

28
~I
Clerk's
Court
Minutes
that
upon
findings dictated into the record, decision

"
is deferred on plaintiffs' motion for contempt, and the Jefferson

County Board of Education is directed to file with the court a plan, in

full detail, for active enforcement of proper school zone attendance by

August 10, 1973 filed and entered

Aug. 7
Order in response to mandate of Fifth Circuit of July 18, 1973, with regard to

realignment of school assignment zones as to Brighton and Midfield. Wenonah

(Lipscomb) and Berry - filed and entered (Pointer) em

Letter dated August 10, 1973 from the Hon. Sam C. Pointer to the Jefferson

" 13
County and Homewood Boards of Education advising of clarifications regardin

the boundaries for the Wenonah-Lipscomb-Shannq;Berry-Shades Mountain, and

HomeWOod-Hell-Kent zones,filed-cs - attached to order of August 7, 1973

Findings of fact and conclusions of law of the Hon. Sam C. Pointer, Jr. - filed
" 14
Order that defendants, Dr. Revis Ball and Members of the Jefferson County Boar
" 22
of Education shall file answers to the interrogatories filed by the United
States within ten days of receipt of interrogatories - filed and entered
(Hancock) em
Interrogatories of United States, plaintiff-intervenor, to Dr. Revis Hall and
" 22
members of the Jefferson County Board of Education, filed - cs
Motion of United States for entry of an order shortening the tbae for answering
" 22
interrogatories by defendants, filed - cs - See order above
Answers of defendant Jefferson County Board of Education by and through its

" 31
respective employees, including Dr. J. Revia Ball to interrogatoriea

propounded by coaplainants, filed - cs

Sept 5
Petition of Jefferson County Board of Education for .edification of desegration

plan 1973-1974 re Brighton - Midfield filed - cs - del SCP

Sept 7, . ,Order denying the Jefferson l:Ounty Board of
request for a hearing

,/,1
on lIIOdificationa of August 7, 1973, and setting out instructions in order
that the terms of the August 7, 1973 conrt order are carried out - filed
and entered (Pointer) em
Cont'd to next page

Jul 19

--------------------------.. ---

-.------~~,

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 35 of 55

D, C, 110AR.., Civil Docket Contin_on

I

PROCEEDINGS

DATE

1973

SOIlTBERH DIVISION===~CA~~6~5=-3;;9;;;6~===;;"~J!h=========7===

----------------------

~~

Date Ora
!JUdgment

'" Sept 17 137/NOtiCe
a",eal by defendant Jefferson Couuty Board of Education fl'Olll the
Order of September 7, 1973. denying the Board's request for a hearing on

modifications presented by the Board and making further changes in the

assignments of students attending schools in the Jefferson County School

syste. - filed - em - cert copy mailed to USCA

Motion of United States for entry of an order shortening the time for answering
19
interrogatories and requiring defeudants to answer within seven days of
receipt of interrogatories, filed - del to SCP - cs 10/2/73 - Moot (Pointer) em
Interrogatories
of United States, plaintiff-intervenor propounded to
" 19
defendants. filed - cs
Bond
for costs on appeal filed
19
"
19
Additional interrogatories of United States. plaintiff-intervenor, propounded
to defendants filed - cs
24
Report of City 0'1. Kidfield of all of Itudents residing in City of Midfield'
during the 1972-73 school year, filed
.,
24:::'I'/Answers
of defendants to additional interrogatories, filed - copy del to SCP
Oct
2
Certified record on appesl mailed to U. S. Court of Appeals together with one
manila envelope of exhibits and one package of exhibits sent under separate
cover - copies of transmittal letter, docket entries and exhibit list meiled
to attorneys of record
" 10 ~ '11 Certified copy of Order frOlll U. S. Court of Appeals granting defendants­
appellants' motion to enlarge time for filing of record on appeal including
the court reporter's transcript to October 18, 1973, filed
n
Memorandum
Of Opinion and Order that the Superintendent and Board Members of
15
the Jefferson County Board of Education are found not guilty of civil
contempt of this court - filed and entered (Pointer) em
It
Report
of Jefferson County Board of Education as required by the Court Order of
16
August 24, 1973, filed
Report
of Midfield Board of Education as of October 1, 1973, filed - cs
17
"
n
18', /';,Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on July 20,
.
1973 (3 volumes) filed in triplicate
., 18
Transcript mailed in triplicate to U. S. Court of Appeal - copy of transmittal
letter - mailed to attys
It
19 '. .Report of City Board of Education, Homewood, Alabama, re ratio study, filed ­
cs
23 '" ,Report of the Board 1'£ Education of the,lI:ity of Vestavia Hills in compliance
..
with amended order of September 8, 1971, filed - cs
)0
Bearing on certain issues relating to construction of certain Bchools before
the Bon. Saa C. Pointer, Jr. Defendants' testimony. Defend~s rest.
Testt.ony concluded. Findin&& and conclusions dictated into.the record.
Decision of the Court approving or disapproving construction or aqu18tions
of facUity as stated in courts findings and conclusions entered.
30::11 . ,Clerk's Court Minutes that request for proposed construction and aquhitions
made by the Board of Education for certain facilities, are hereby approved
or disapproved as stated in the Courts findings and conclUSions dictated
in open court to the court reporter - filed - em
8
Interrogatories of plaintiffs propounded to Superintendent, Miifleld !oard of
Nov
Education, filed - CB
21
Petition of Midfield Board of Educati.n to rebuild Rutledge School, filed. cs
26
Order that the Midfield Board may proceed with its plans to rebuild the
Rutledge School facility at its present site filed and entered (Pointer) c
Dec
7 ~ '9 Answer of Dr. Thomas M. Alexander, Superintendent of the Midfield Board of
Education, to interrogatories propounded to him, filed - cs

.


..

.


",",,,'v

""' ..

..

.

(Over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 36 of 55

___________________________________-'I'---LL'-.:-·~=_.'=-'__;!I.rudgmentNot~~,
P:QOCEEDINGS

DATE

1974

Date Order or

Jan 28 ~/jcertified copy of opinion-order of tbe U. S. COurt of Appeals lssued as sod for
,
the 1II8ndate January 2S, 1974, affirming tbis COUl:'t '. decision of September 7,
,
1973, ftled - record and envelope of exhibits returned - roll of exhibits
being returned UDder sepsrate cover - 3 volume supplemental reeord to be
returned later
Report of Jefferson County Board of Education as required by August 24, 1971
Feb 19
Court Order - filed - copies del.
Report of tbe City of 'Ikaewood School System pursuant to August 24, 1971,
19
Court Order, filed - cs
Semi-annual
report of the City of Midfield Board ef~ucation, filed - cs
20
Re'1t.n"t ()f the "3o.lrd of Educati on -of tref'i tv of Vcstav{a Hi 11 s, fi ll!d - C$
tat' 22
Motion of defendant, the Midfield Board of Education, for further order of

~pr
9
the Court requiring defendant Jefferson County Board of Education to comply

with the order of this court dated September 8, 1971, filed - cs

Motion of private plaintiffs for further relief, filed - cs
24

.

May

~---~-.- ~-

,-.~

7

Reply by defendant Jefferson County Board of Education to motion of Mrs.

Bernice D. Borden for further relief, filed - cs

Jun 25 ' 11 Letter-amendment to the outstanding orders in this and 65-366, 65-499 and

70-251(Tarrant) re transfers - filed and entered (Pointer) em

Jul 19
Hearing on private plff's motion for further relief as to Bernice D. Borden

before the Hon. Sam C. Pointer, Jr. Plff's testimony. Plff rests. Defts'

testimony. Defts' rest. Arguments by counsel. Findings and conclusions

dictated into the record by the Court. Written Order to be entered.

23 3f' Order of Judgment upon motion of Bernice D. Borden for further relief that:
(1) Mrs. Borden is due to receive back-pay in an amount equal to the
difference between that salary actually received and that which would have
been received had Mrs. Borden been placed in the vocational reimbursed
program from April 25, 1973, to the present. Such is subject to applicabl
income tax withholding requirements (2) in return for the back-pay award,
Mrs. Borden is expected to offer her services on a lO-month basis as if
she had been employed as a teacher in the vocational reimbursed program
from April 25, 1973, to present (3) such back-pay as calculated in
paragraph (1) above is to be continued to be paid to Mrs. Borden. as long
as she continues to be employed as a teacher with the Jefferson Connty
Board, until (a) she is placed in the vocational reimbursed program, or
(b) such placement is offered to Mrs. Borden and such is refused, or (c)
she fails to cmntinue to offer her services on a 10-month basis. Any offer
of placement must be made in accordance with those policies of the Board
respecting placement and transfer of faculty as applied to all teaching
personnel - each party to bear its own costs - filed and entered (Pointer) cm

Jg 13 O(;Motion of Pauline Sellers and Ira Marzette for leave to intervene, with complai
t

in intervention attached, filed - cs
See Order dated 8(30/74

26
Motion of Pauline Sellers for leave to withdraw her complaint in intervention.

filed - del to LZ See Ordc, dated 8/30/74

30
Order granting applicant Sellers motion for leave to withdraw her complaint

in intervention - filed and entered (Pointer) em

30
Order that, as to Ira Marzette, the motion for leave to intervene is due to be

denied, without prejudice to her right to file an independent action; and

that, as to Pauline Sellers, the motion for leave to intervene is moot,

Sellers' motion for withdrawal having been granted by separate order on

this date· filed and entered (Pointer) em

t 15
Report of the Jefferson County Board Qi:Education pursuant to Court Order of

August 24, 1971 filed

16
Q6'Semknntal Report for the City of Midfield Board of Education as required by

Court order of Sept 8, 1972, filed - cs


-

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 37 of 55

D. C. 11M Rev, Civil Docltet Continuation

SOUTlE RN DIVISION

CA
PROCl!:!EDINGS

DATE

1974
Oct 18

Date Ord€ r
Judgment Nc

--------~----------I-····--

bhReport of Homewood City Board of Education pursuant to Court Order of August 24

1971, filed - cs

Report of the Vestavia Hills City Board of Education pursuant to Court order

Nov. 7

of September 8, 1971, filed. cs

Dec 23 ~gMotion of private ptffs to require the deft School Board to devetop a plan of

desegration for those students residing in the unannexed areas of the Wenonah:

1975
School zone, filed - cs - del to SCP

Plaintiffs' Exhibits #3 & 4 from Aug 16 - 18, 1971 returned from U.S.C.A. ­
Jan 13
.
receipt acknowledged

i
22 ~09Integration plan for the Wenonah Zone submitted by the County Board of Educati1!

of Jefferson County, Alabama, filed - cs - del to SCP

Feb 14
Semiannual Report of the Board of Education of the City of Midfield due
I

•. ,
February 20, 1975, filed - cs
!
18
Report of the Jefferson County Board of Education as required by August 24,
'
1971 Court Order - filed
18
Report of the City of Homewood School System - filed
Report of the Board of Education of the City of Vestavia Hills, filed - cs
18
Response
of the United States to the recent annexation of part of Jefferson
24
County re Wenonah zone, filed - cs

Feb 28
Motion of plffs for allowance of counsel fees, filed - cs - del to SCP

Apr 10
May

2
5

19
21
Jun 23

Interrogatories of deft Jefferson County Board of Education to plffs' counsel

Oscar W. Adams, Jr., filed =-cs - --'-- ­
Motion of respondent, Jefferson County Board of Education for production by

private plffs' attorney. Oscar W. Adams, Jr., filed - cs - del to LZ

Response of the United States to request of Jefferson County Board of Educatio
for Court approval for construction at Leeds Elementary School and at
Fultondale High School and motion for order to show cause, filed - cs
del to LZ

Response of plaintiffs to motion for production of Jefferson County School
Board filed - del to LZ

"~;}Answers

of plfh to interrogatories of defts, filed - cs

HEARING on student reassignment of Wenonah School zone area before the

Hon. Ssm C. Pointer, Jr. Evidence presented by County Board. Evidence

presented by government. Evidence presented by Midfield Board. EVidence

concluded. case taken under sdvisement.

23 "1 Z ( Clerk' s Court Minutes that this case be taken under advisement - filed and

entered

30

Memorandum of Opinion re student reassignment of Wenonah School zone area ­
filed and entered (Pointer) cm
30 LfZ'::lORDER, in accordance with the findings and conclusions contained in the
Memorandum of Opinion separately filed, that: 1. commencing the 1975-76
school year, those areas previously zoned to Wenonah High for grads 10-1
shall, to the extent not annexed by the City of Birmingham, be rezoned
for such grades to Shades Valley High School. A. G. Gaston shall remain
a junior high school; aoosevelt Elementary shall provide grades 1-6 for
such portions of its existing zone and of the former Wenonah Elementary
zone as have not been annexed to City of Birmingham; the grade structures
and zones of the other two schools in the wenonah zone (Libscomb Junior
High and Shannon Elementary) shall remain unchanged. 2. The Board of
Education is authorized to make such changes in grades 8 and 9 and in th
special education program previously conducted at Shades Valley as may b
necessitated in view of additional zoning of high school students to
,
Shades Valley. 3. The Board of Education is given permission to construqt
(OVer)

I

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 38 of 55

PROCEEDINGS

/?t­

..

June 30

91/

Jul

15
18

22
22
22

8'1

Aug

lug 22
22

if

27
28

pt

8

8

19

I.f

D&te Order OJ
.Judgment NQ;"

_-------_._--_._­
I

ORDER cont'd:
a junior high school facility in the Berry zone at the Chapel Road site,
in addition to permission previously given with respect to an elementary schoo
facility at such site; when construction is completed the Board may restructur
grades in the Berry zone into elementary, junior high and senior high levels;
pending construction, the Board may make appropriate adjustments in the grade
structures at the existing facilities in the zone, as by reducing Berry High
to grades S - 12 and providing grades 1-7 at the existing elementary schools.
4. Unless objection be made by plffs or the United States within 10 days from
the date, the Board may reassign grades 7 and 8 of the Graysville Elementary
school zone to Bottenfield Junior High and may reassign grade 9 at Hewitt High
School to Hewitt Junior High School. 5. the provisions of this order are
directed to the respective individuals who are serving as Superintendent or
Members of the Board rather than to the Board itself and 6. counsel are
cautioned that any appeals are to be processed in accordance with Part III
of Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211
(CA 5 1969), with the change that three legible copies of all matters pertinen
to issues on appeal are to be filed; no extension from schedule estab1iahed
in Singleton will be allowed except by order of panel of Fifth Circuit - filed
and entered (Pointer) em
VResponse of the United States to Court Order of June 30, 1975 re reassignment
of Graysville Elementary to Bottenfield Hunior High, filed - cs - del to SCP
Notice of appeal by the United States, PI ff-Intervenor , to the United States
Court of Appeals from the Order entered in this action on June 10, 1975, filed certified copies mailed
Notice of cross appeal by deft Jefferson county Board of Education from the

Order entered on June 30, 1915, filed - certified copies mailed

Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on June 23,

1975 - filed in triplicate

Notice by plffs of Cross Appeal from the Order entered in this action on June

30, 1975, filed - certified copies mailed

Bond for costs on appeal ($250.00) - filed

)Petition o f certain parents of students at Shades Valley High School and Wenonah
High School Birmingham, Alabama for stay of Order, filed Presented this 8th d
of August, 1975, and denied, without ruling on wheth~r the petitioners have
standing to present the same (Pointer) cm
Certified record on appeal mailed to Clerk, USCA on ~ULY 25, 1975 - copies of
transmittal letter and docket entries mailed attorneys
',I Designation of record by defendant-appellee-cross-appellant,Jefferson County
Board of Education filed - cs
Motion of plaintiff-intervenor, United States of America for injunction
pending appeal filed - cs
del J. Pointer 8/28/75 Denied; but, due to appe
Boa~d assumes risk of reversal which might make construction an unnecessary
Order that reports and past plans of desegregation filed herein shall be re- (f
tained in this Court pending appeal, subject to a request of the Court of
Appeals; that this order applies only to the physical transfer of those
docuements and the documents ordered retained shall remain for all purposes
as a part of the record on appeal filed and entered (Pointer) em
Certified copy of Order from U. S. Court of Appeals denying the petition of
various parents, not parties below, to stay the order of the District Court
requiring bussing of students from Wenonah High School to Shades Valley High
School Without prejudice to their representation thereof should they become
intervenors below, filed (before: Thornberry, Clark & Gee)
,
.5 :;~'i3nat1on (1 etter) of !lent of Justi('~ for supplemental recor d on ap,~al, filed
Certified sup:>lemental recor'! on appeal maU"d to Clerk, USCA - copies of transm
lett~r forwarded to attvs

1

xpenditurE
nds. Point
USDC)

• cs
ttal

-



b --

"

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 39 of 55
CIVIL DOCKET CONTINUATION SHEET
PLAINTIFF

I

DEFENDANT

LINDA STOUT, at al

; JEFFERSON
I et a1

COUNTY BOARD OF EDUCATION,

DOCKET NO. _ _
6_S_-.3._9_6_
PAGE

.J¥-- OF _ _ PAGES

PROCEEDINGS

Oct

8
15

Certified supplemental record on appeal mailed to the Clerk,
transmittal letter and docket entries mailed to attys
iJ?L

I~;

16

29 ;
1976
Jan 19

28

6

11
17
17

16

18


27

~

cs

Report of Board of Education of the City of Midfield, filed - c&

Report of the B(')ard of Education of the City of Vestavia Hills, filed - cs

Letter from Jefferson County Board of Education setting out the housin~ of
228 students from the Brookside Elementary School, which was recently
destroyed by fire. filed - 11/29/75 - Granted expArte, subject to
reconsideration on request of any p~rty by motion filed within 30 days
(Pointer) cm
Letter from the Jefferson County Board of Education setting out proposed
adjustments in zone lines re Green Valley. Rocky Ridge, Bluff & Gwin
Schools, filed - Granted, exparte, subject to recQnsideration on
request of any p~rty by motion filed within 30 days - 12/29/75 (Pointer) cm
Petition of deft Jefferson County Board ofEducation for declaratory judgment
and other relief, filed - cs del. SCP

Dec 29


Feb.

- copies of

Report of Jefferson County Board of Education for October, 1975 - filed
Report of City of Homewood School System. filed

17
Nov 7


USC~

4:-; j

Answer of Midfield Bd. of Ed.to Petition oft Jeff. Co. Bd. of Ed. - filed - cs
del. SCP
Order, upon application of the Jefferson County Board of Education granting
approval for the proposed projects submitted by the Jeff. Co. Bd. of Ed. in
its letters of Dec. 30, 1975 and Jan. 7, 1976, with the exception of the
projects dealing with vocational education at McAdory High; and reserving
ruling with respect to the vocational project and a proposal to set zone lines
for vocational education - filed and entered - SCP - cm
Motion of pltfs. For Further & Immediate Relief - requesting order requiring deft.
to maintain the Graysville Exceptional School - filed - cs - del. SCP WITHDRAW~/
Court Report of Midfield City Bd. of Ed., dated 1/30/76 - filed - del. SCP 2/26/
Report olt City of Vestavia Hills Bd. of Ed. - filed - del. SCP

Report To Federal Court by Jeff. Co. Bd. of Ed. - filed

Report of Homewood Bd. of Ed. - filed - del. SCP
Consent Decree dated 2/26/76, upon consideration of the proposed vocational
construction, the parties, by &through their counsel agreeing that {l} con­
struction of Western Area Vocational School originally proposed for the McAdory
sire, instead will be on the W. A. Bell school campus, (2) assigning vocational
students living in Brighton area to the new Western Area Voc. School, (3) direct
ing the Bd. of Ed. to file with the Court a map showing attendance zone lines
for all vocational schools in the district within 7 days. If there is no objec
tion to said zone lines within 30 days from the date of filing, the map shall
become part of this decree & incorporated herein, (4) establishment &operation
of all attendance zone lines &student transfer policies for all vocational
facilities in the district will be in a manner so as to promote desegr:gatrion,
The school board shall not permlt a student to transfer from one vocatlonal zone
to another for the purpose of taking vocational courses unless the desired cours
is not offered in the transferring stUdent's home zone. All vocational courses
in the system shall be offered at locations which will promote desegregation.
Obligation of defts. shall be to insure that the cumulative impact of such
intra-district vocational transfers does not adversely affect the desegregation
Qf tb~ school system. Oefts. shall, if the transfers do adversely affect
(OVER)
OC-i11A iRev. 1/75)



~~---------------- -----------.-~-----

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 40 of 55
CIVil OOCKETCONTINUATION SHEET

/ - -X?/~.
I DOCKET NO ("2{,
­ r&..,;

DEFENDANT

PLAINTIFf

IPAG~' "F _ _ PAGES
!

PROCEEDINGS

NR.
.-

Mar.
Aug.



========_.=.=====~=========\

.c====~=·

desegregation, take steps necessary to insure that the dual system is not re­
established, (5) records indicating the names (by race) &addresses of a+l
students transferring from one vocational zone to another, the school from which
& to which student transferred, the course necessitating the transfer &the date
of said transfer shall be maintained by the school district; said records to be
a~ailable for inspection &copying by all parties, (6) all prior orders of thjs
Court not inconsistent herewith remain in full force & effect - filed & entered

(Pointe.r) - cm
2 I.tA ~ap of Jeff. Co. Vocational School Zones - filed - del. SCP
niu ;.)£.. pertified copy of opinion-order issued 8/10/76 as and for the mandate - filed

i'
lnterveuor's map exhibit received - appeal, suppl. appeal, exhibits to be returne

later
Certified record returned from Clerk, USCA (2 boxes)

Certified record on appeal, original (envelope) & suppl. record on appeal received
from 5th Cir.
27
Certified copy of Opinion from 5th Cir. - filed
Sept. 2l1.f;.}~ Statement of Hours Expended by the Law Firm of Adams, Baker & Clemon - filed ­
del. SCP
Motion of pltfs. For Further Relief with respect to Marion M. Alexander & the
Oct.
4
Vestavia Hills School Board - filed - cs - deL SCP **Wi thdrawn by pltfs. w p
Report
of Jeff. Co. Bd. of Ed. as required by 8/24/71 order - filed
l2/8/76-SC
15
Report,
semi-annual,
of
Midfield
-filed
cs
21
Report of Vestavia Hills - filed - affidavit of Wlm. T. Clark attach€~
2~
lrc
Dec.
Motion of Wallace Honeycutt for Leave To Intervene - intervenor's
complaint attached - filed del. SCP lrc see l2/2/76order
Order denying motion of Honeycutt to intervene; directing Clerk to
file intervention as new case as of 12/1/76; directing pltf. to
pay filing fee - filed & entered (Pointer)-cm lrc
Cross Claim of Jeff. Co. Bd. of Ed. against Vestavia, Homewood, Mid­
field & Pleasant Grove - filed-cs del. SCP lrc DENIED as cr08S­
claim; matters asserted by Jeffco B/E are defensive to pltf's.
claim - 12/7/76 - SCP - cm lrc
Interroqatories of Jeff. Co. Bd. of Ed. on Claim For Attv' s. Fees ,.
27
filed-cs lrc
Request of ~eff. Co. Bd. of Ed. For Production under FRCivp 34-filed
cs lrc
29.! ~7/' Motion of Jeff. Co. Bd. For Order Requiring Production-filed-cs del
SCP lrc
GRANTED & SO ORDERED, l2/29/76-SCP - copies given to
attys. in courtroom lrc
3C
Hearing on Motion For Attys. Fees before the Hon. Sam C. Pointer, Jr.
Evidence presented by moving pltfs.
Pltfs. test. Lunch recess.
Hearing resumed. Stipulation of Vestavia & pIt£. read into record.
Stipulation of Homewood & pIt£. read into record.
Recess in order
to complete pending stipulations. Hearing resumed. Stipulation of
Midfield & pltf. read into record.
Pltf. test. resumed.
Pltf.
rests. Oral motion of deft., Jeff. Co., to exclude test. - OVER­
RULED - SCPo Deft. test.
Deft. rests.
Court's oral comments re:
rates/hr. - composite rates read into the record (computations to
be based on $25.00/hr. to 1970, $30. 1971-1972, $40. 1973-1974, $50
1975-1976 in computing stipulated settlements) Vestavia to pay
$400.; Homewood $800.; Midfield $4,250. to pltfs.; these figures
not to necessarily apply to Jeff. Co.; there are other consideraticp
17
23


Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 41 of 55
CIVIL DOCKer CONTINUATION SHEET

DEFENDANT

PLAINTIFF

DOCKETNQ

6;i.=396-S

PAGE~OF ~......_

11?fi6

PAGE::

PROCEEDINGS

NR.

"'···j~~~=i===1===========c===~,,====,,·========

settleinenthearTn:g cont'd.
Analysis by defts. to be completed in 10 days; pltf. has 5 days
thereafter to respond - SCP lrc
J. Weaver, rptr.
Dec. 30 4
Clerk's Courtroom Minutes - filed - cm Ire


Ie.,

1977

Jan. 18

18

Statement of additional hours for 1976 and 1977, filed by p1ff.cs - add
Motion by plffs for leave to file 1962 recommended minimum fee schedule of the
Birmingham Bar Assocation as an exhibit to the Dec. 30, 1976 hearing, filed. c

21
~-

Feb. 3
15
18

18


B

Mar.

17


May

23

Sept. 29
Oct.

14

17

19

20


26


31
4'11

f1l~

-del. SCP
see 2/3/77 MOP
Motion of Jeff. Co. Bd. To Strike Additional Evidence of pltf.-file
cs del. SCP Ire
see 2/3/77 MOP
Memorandum of Opinion awarding Adams, Baker & Clemon $70,960.12
against Jeff. Co. Bd. of Ed. - filed & entered (Pointer)-cm Ire
(mailed to Adams, B & C; Bishop, S & C & Jack Greenberg)
Report of Jeff. Co. - filed lrc

Report of Homewood - filed Ire del. SCP

Report of Midfield - filed lrc del. SCP

Report of Vestavia Hills - filed-cs lrc del. SCP (copy)

Satisfaction of Judgment re: Atty. Fees ($70,960.12) - filed by
Adams, Baker & Clemon-cm Ire
Order approving requested changes re: Roosevelt Elem., Graysville J
High, Gresham Jr. High & West Jefferson High zones in 3/24/77
letter of Jeff. Co. Bd. of Ed. - filed & entered (Pointer)-cm Ix
~Dtion of lVlidfield Bd. of Ed. for Permission to Build Vocational Schoo1-filed-cs
del. SCP lrc
see 10/14/77 order
Order approving construction of vocational scb:lol as requested by City of !{tdrie'
• of Ed. - filed & entered (Poirlter)-cm Ire
Report of Jeff. Co. Bd. of ELl. - filed Irc

Report of Horrewood Bd. of Ed. - filed-os Ire

Report of Itldfield Bd. of Ed. - fi:'ed-cs Irc

Report of Vestavia Hills Bd. of ELl. - fi.led-cs l10C

Order, in absence of objection, gt"aI1ting request 0:: Jef:'. Co. Bd. of Ed. for
approval 0:: construction projects, with the exception of projects at Lipscomb
Jr. HS and old Brookside S~hool site; deferring nlling on these two after
completion of appropriate discove~J-filed & entered (Pointer)-cm lrc

W1~
~p:'rL 4c
21
21
221
Mar

II
6

24

(:vGrt, M (~<nWJ hq. '{{/11 Court- Ofder- J cVid ~
Report of the Boal::d of Education of the 6Jtty of vestavia Hills fil~ es Ipc
Report of the Hc:mawood City Boal::d of Education, filed - cs lpc
Report of the Board of Education of the City of lI'Jilfield, filed - es skh
Transcript of the proceedings J:::efore the Ron. Sam C. Pointer, Jr. ccmrencing
on ~r 30, 1976 - filed
skh
ORDER dated 3/3/78 upon consideration of the request of the Jefferson County
Boal:d of F.ducation, that the Jefferson County Boal::d of Education shall J:::e
all<Med to construct 14 !leW' c1assrocl11S and an adninistrative suite and that
the Board of Education shall J:::e allCMed to construct a neftI schcol upon the
site of the Brookside Elenentary Schcol which previously burned, such sehcol
to J:::e used for primary edocation for the children presently zoned to
Brookville School - filed and entered (Pointer) an sk.'I-j
~; ': , MJtion of plff-intervenor, National Education Association, for disbursenent of
,,
registry funds, filed skh See Order 3/27/78
DC-111A (Rev, L 75

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 42 of 55
VI L DOCKET CONTINUATION SHEET
DEFENDANT

)LAfNTIFF

IIDOCKETNO
PAGE

.~ OF

b~e39b.;;
= =....•

PAGES

-------r----~--------------------~--------------------------------~------------------_1r-.
DATE
NR.
~~=9F===F====

. . .=.
==~~~~=======

Mar. 27


Apr.

3
27

Oct.

1

4;:'/

PROCEEDINGS

ORDER that the Clerk is authorized and directed to draw a check on the funds on
deposit in tre Registry of this Court in the principal arrount of $250.00 plus
all interest earned for a total am::l\mt of $251.36 payable to Attorney, Solaron
S. Seay, Jr. - filed and entered (Pointer) em skh
Dep:lsition of J. Pevis Hall taken on behllf of plff-intervenor, filed
skh
ORDF..R that approval be granted for tre construction of 16 additional classroans
at the Rocky Ridge Elerrentary Sdlool pursuant to the request dated 3/23/78 ­
filed and entered (Pointer) em skh
Rep::rrt (october 1978) to Court as required by August 1971 Order - filed skh
(in large brown accordian envelope in basenent)
Semi-annual Rep:lrt of deft, Board of Filucation of the City of Midfield, as of
September 30, 1978, in ca:npliance with previous orders of this court - filed ­
cs skh
Rej:Ort of the City of Hcmewood Sdlool System, filed skh
Rep::rrt of the vestavia Hills Sdlool System, filed skh

:t

24i

1979

I'eb.

15
16


Report of the Jefferson County School System, filed-snh

Report of the Homewood School System filed-snh
Rej:Ort of the Board of Education of the City of Vestavia Hills, filed - cs
Report of the Board of Education of the City of Midfield filed-cs-snh

20

ar. 5
une 20

Aug

r

,",.

ORDER that the request of the Jefferson County Board of Education fc
permission to trans
seventh grade students from Clay Elementary
School to Hewitt Junior High School, as to which no objection has
been filed, is GRANTED: further that by August 1, 1979, the partie
file their objections, if any, to an order which would thereafter
relieve the Jefferson County Board of Education from the require­
ment to seek approval of the court for modifications in attendancE
zones or for construction and alteration of facilities and which
would generally terminate the continuing jurisdiction of this
court with respect to this school system filed and entered
(Pointerlcm-snh
Objection of USA to proposed order of 6/20/79, filed-cs lc:>c - del SCI

...} t...

1

I.

O::t.

Rep:lrt of the Jefferson County Board of Education, filed-cs-snh

18

Rep:lrt of the H~ City School System, filed-cs-snh

Rep:>rt of the Board of Education of the City of Vestavia Hills, with exhibits atb chs:
filed-cs-snh

22


1980
Feb,

1~

Rep:lrt of the Board of Education of the City of Vestavia Hills, with exhibits
attached, filed-cs-crg
Report of Jefferson County Board of Education, filed-cs-lpc

Fep:lrt of H~ City School System, filed-cs-lpc

RePJrt of City of Millfield Board of Education filed-cs-snh
Report to the Court of Jefferson County Board of Education, filed-cs-snh

15
15


Mar. 11

)ct. 14

O::t. 15
20
27[ ::~'I

skh

!

I

'':''

RePJrt to the Court of the City of JVlidfield, filed-cs-snh
Rep:lrt to the Court of the City of Hcmewood, Board of Education, filed-snh
Rep:lrt to the Court of the City of Vestavia Hills Board of Education, filed-snh
CONTINUED ON NEXT PAGE

.. Case 2:65-cv-00396-MHH

DC i11A
(Rev, 1;75)

I

Document 1 Filed 10/27/14 Page 43 of 55

CIVIL DOCKET CONTINUATION SHEET

r~p~LA71~N~T~IF~F~--------------------~

JEFFERSON CXlUN'l:'Y

LINDA S'roIJT

-


1

fBiTE

NR.[

1

.

Frj--.I\"~~7.14

I

DEFENDANT

1

DOCKET NO.

~AGE

1L

tlC-lOM-4:JSE

65-1'-039 2

OF________ PAGES

PROCEEDINGS·

.~~~...=t.~=t=~=~=~~~~===~~~==.==~~~==~~~....~~==

513:

Feb. 13
Feb. 18

-

Annual Report to the Court of Jefferson County School Board,
filed-8nh
Annual Report to the Court of the City of Htrnewood School Systen, filed-snh


Feb. 23

Bani-Annual Report to the Court of the City of Midfield Board of Etlucation
with exhibit attached, filed-cs-snh (blue bllrler)

March 10

Report to the Court of the Board of Etlucation of the City of Vestavia Hills,
with exhibits attached, filed-snh

Oct. 15

Report to the Court of the Board of Education of the Jefferson County School
Board, filed-snh

1

Report to the Court of the Board of Education of Harewood Board of Education
filed-snh

211
26

Report to the Court of the Board of Education of

1 9 8 2
Feb 16

Annual report to the court of Jefferson County School Board (

Feb. 17

Annual report to the oourt of

~'larch

l>'idfie1d filed-cs-sY

Report to the Court of the Board of Education of the city of Vestavia Hills,
with emibits attached, filed-cs-8nh

14

~c.

City of

} r'!)l..

8

~

J, filed.

Ihj

City Board of Education, filed-snh

June 2

Annual rejX)rt ot the oourt of the City of ~iefield Board of Education, filed-8nh
Report of the Board of Education of the CITY OF VESTAVIA HILLS filed-cs-rfd

Oct. 15

Report of the Beard of Education of Jefferson County (annual report) filed-snh

15
22

~c

RejX)rt of the Board of Education of the City of ~, filed- 8nh
RejX)rt (semi-annual) of the Board of Education of the City of Midfield, filed-slr

1983

-

Feb

15
18
25

Apr

141
14

Oct

Report to the oourt of the Jefferson County Board of Education, filed-s1m
Report to the oourt of the H~ Board of Education, filed-c;JO-slrn
RepOrt to the court of Vestavia Hills City Board of Education, tHed-cs-slrn
Report to the court of the Midfield City schools Board of Education, filed-slrn
Annual rejX)rt to the court of Jefferson County Board of Education, filed-slrn (one
..
very large expandab:
Report (semi-annual) to the oourt of the Midheld City School
fol,
System, filed-cs-slm (One red volume)
i Report to the oourt of the ~ City School System,
filed-cs-slrn
• Report to the Court of the Vestavia Hills City Board of Etlucation, filed-cs-slm

211

Apr

21 :
21
.
101
15
30 i

Oct

12:

~
1984
Feb

...

I
!

j




I

Report to the Court of the Midfield Citv School s.vstem._ filed-cs-.slrnd(l red(vol. L
Report to the Court of the Jefferson cotmty-BOaJ:'d' bIEtJ:uCa1:~on, nre -s.un e:xp.1'.
Report to the Court of the Vestavia Hills Board of Education, with exhibits
attached, filed-cs-slm

Report to the Court of the Midfield City Board of Education, filed-1pc (one red
vo11.l1Te)


1

1985 16
Fe15---1.2
15

19
2

S'1 :>

Report to the Court of the Jefferson County Boacrd of Education, filed-slm (one

mroandable folder)
.
· Reportl=~
t
too Court of the Hare,rood City School System, flled-slm
IReport to the court of the Home\JOOd City School System, filed-s~m

LRepo.c:: to the Court of the Jefferson County Boa.,.."'d. of Educ., fi'.0..d-SJ.ro (l )rg. GX'~
IJ:{Cport to the court of the Hidfi,e'..d Cit,,:, Board of Educ , fiJ.od-s J1)
folder,
'
!Repor'c to the Court of the Vestavia Hi.1,-,-s City Bom" of Educ., filed-slm

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 44 of 55
DC 111A
(Rev, 1/75)

CIVIL DOCKET CONTiNUATION SHEET
D£F£NOANT
--~---------------'-------------/--P'-----,

PLAINTIFF

DOCKET

I
~.,

N"l,.

NO.It?5""'3t:!d>

PAGE!5g0F _ _ PAGES

PROCEEDINGS

F===f=='T~=======~========'~

Mar
Oct

6

14
15

21
J.986

Fe~

12
l3

21
3
21

Apr

Ju::..

23

Aug"

5
15
~

15
15

5100

Report to tho Court of the Boa:."'d of &location of City of Midfield, filed~slm
Report to the COlLrt of the Jefferson County Board of educa::ion, filed-s1m
Report to tho Court of the Board of &lucation of City of Hooe,JOOd, filed-SIT'C
Report to tho Couce of tho Board of &luc3tion of City of Vcstav.ia, fiJ_ed-cs-sr:c
ORDER that this case is refe=ed to U.S. Magistrate Edwin L. Nelson for limited
purpose as stated in this order, nunc pro tunc for 4/24/86, filed (POIN7ER);
entered 7/2l/86-cm-smc
Report and RecClflTIBndation of U.S. Magistrate in this and 65-HM-0366-S tlk,t the
petition to interven filed by Rev. 'rony Cooper be denied; that motion of Besserre
Board of Education to add Jefferson County Board of Education and its members
as pty dcfts be granted, that petition of Bessemer Board of Education for e}rr.ra­
ordinary relief against Jefferson County Board of &lucation and its members be
denied, Besserrer Board of Education be ordered to fo:r:mu.late and submit a plan f
nondiscriminatory education of all students "ithin its jurisdiction for school
te:r:m beginnning in 8/86 before close of business on 8/8/86; Bessemer Board of
&luca::i.on to formulate other plan for unitary school system as set out in this
report and recornrendation, objections to be filed 'iJithin 10 days, filed (N:EYJSON),
entered 7/23j86-cm-smc
Objections in this and 65-HM-0366-S of Besserrer City Board of Education to propos
findings and recCl!lIll3ndations of U.S. Magistrate, fjJ~ed-cs-sr.1C (del to E::,N)
Objections of USA to recorm-endattons of U.S. Magistrate filed in this and 65-HM-3 6-E
cs-smc (del to ELN)
Response of Jefferson County Board of &lucation to objections to Magtstrai:e' s Repo t
and Recommendations, filed in this and related case-cs-smc
M:?nu:candum of recision, filed in this and 85-HM-0366-S (HAL'lDM); entered 8/15/86­ -Sf
ORDER in this and 65-HM-0366-S pursuant to Magistrate's Report and Recomrendation
and accompanying M:?nurandum of Decision that the objections of deft Bessemer
City Board of Education to R&R are overruled and/or sustained as set out in this
order; the objections of USA are sustained the petition for extraordinary ~lief
of the Besserrer City Ed. of &luc. against defts Jeff=. Ed. of &loc. is grilllted,
sub:iect to terms and conditions as set out in this order a..'1d denied in part, as
fw:~her set out; Besserrer City Ed. of &luc. to make a study of anticipated effec
on its proposed unitary plan of the proposed annexation elections in Parcel C
according to official =urt documents and records in CV83-P-3050-S and CV84-P-08 3­
as set out and file I-lith the Clerk in CV 65-HM-0366-S the results of its study,
Jeffco. Bd. of Educ. and Besseroor City Bd. of &luc. to forthwith conrrenee study
of nurriber of black and white students enrolled in schools in' Parcel C as set
out in this order, to be subro!tted to the Clerk in both cases no later than 12/ 86
simliU;illleously the Bessener Bd. of &l. to file ,~ith the Clerk in both cases a
separate written report outlining anticipated effeci: on its school system of
the influx of students from Petreel C, simultaneously the Jeffco. Bd. of Edue.
to file a sep.:-.rate \r.citten report outling anticpated segregative effect OE ibJ
scheol system; heth Boards of Educ. to fHe separate ,l'ccitten reports \lith the
Clerk in both cases setting out all pertinent enrollrrent stats as set out; petit ' or
of Rev. Tony Coper to intervene is denied; motion of Bessermr Bd. of E):iuc. to
add Jeffco Bd. of Edue. as pty defts in 65-HM-0366-S is granted; motion of Jeff
E
Edue. that the Court lacks jurisdiction is denied; motion of Jeffco Bd. of Ed. t t
motions of BeSS8lT'er faE to state a claim for \~1hich relief can be granted is den ~ eC
all other notions of Jeffco are denied, filed (HAL':i'OM); entered 8/1.5/86-cm-smc

-


Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 45 of 55
DC ll1A
(Rev. 1/75)
CIVIL. DOCKET CONTINUATION SHEET
PLAINTIFF

DEFENDANT

et al

LINDA STOUT,
E

1'9t6
Sep

3

Oct

2
2

-


2

15
16
1987

12
Feb
13

20
May

1

Aug

12
12

12
12

12

13

14
14
14

17

NR,

~':~
"..:V(,

I

JEFFERSON CClUNI'Y BOARD OF EDUC.
et al

DOCKET NO.

. PAGE

65-P-039

'13 OF_ _ PAGE'

PROCEEDINGS

ORDER in this and related case by consent of parties that seniors students as
set out be permitted to enroll in McAdory High School, filed (POINTER), entere
9/3/86-cm-smc
,
~tion (letter) of deft Jeffco. Ed. of Educ. for approval of proposed school
construction, additions and grade changes, filed-cs-smc
SEE ORDER ~TED 10/1/86
Response (letter) of plff USA to Jeffeo's rrotion for approval of school changes,
filed-cs-smc
ORDER dated 10/1/86 that the Court hereby approves the requests of Jefferson Cow
as outlined in their letter-rrotion, without prejudice to any assertion or
request by plffs that improvements should also be made to facilities and
services afford at McNeil School, filed (POINTER); entered 10/3/86-cm-~g
Report to the Court of the Jefferson County Board of Education, filed-sm::;
fo~
Report to the Court of the City of Midfield Board of Education, filed-smc (1 vol

Report to the Court of the City of Midfield Board of Education, filed-djd (1 va.
Report to the Court of the Jefferson Co Ed of Education, filed-djd (1 lrg expan
folder)
Report to the Court of the Homewood City School Systems, filed-djd

ORDER that no objections having been filed to the letter request of the Jeffersc
County Board of Education dated 3/3/87 it is ordered that the requests therein
relating to the grade structure at Greenwood Junior -McAdory High and Springdal
Elementary School-Fultondale Elementary School are approved commencing the
1987-88 school year, filed (POINTER); entered 5/1/87-crrrdjd
Motion of plffs for TEMPORARY RESTRAINING ORDER, filed-cs-djd

DENIED (verbal) (SCP) 08/17/87--acm (See 08/17/87 court notes)

Motion of plffs for preliminary injunction (further relief), flled-cs-djd
--DENIED (verbal) (SCP) 08/l7/87--acm (See 08/17/87 court notes) Regina Van
Affidavits of Tamiko Johnson, Veronica walter, Kimberly Ni=le Gates, /Jesse Vann
Sr., with exhibits attached, filed-cs-djd
Affidavit of Richard Arrington Jr., in support of plffs' motion for temporary
restraining order, filed-cs-djd
" Motion of the City of Birmingham for leave to appear as an amicus curiae in supp
of plffs' motion for further relief and for motion for temporary restraining
order, filed-cs-djd
__ GRANTED (verbal) (SCP) 08/17/87--acm (See 08/17/87 court notes)
Motion (emergency) of pHfs to show cause why deft Jefferson County Board of
Education should not be held in contempt of court, filed-es-djd
__ DENIED (verbal) (SCP) 08/17/87--acm (See 08/17/87 court notes)
Motion of plffs to shorten time to take depositions in preparation of hearing
on preliminary injunction, filed-cs-djd
-- MOOT (verbal) (SCP) 08/17/87--acm(See 08/17/87 court notes)
Notice of plffs to deft Jefferson County Board of Education to refrain from
communicating with members of plffs' class, filed-cs-djd
57q Notice that pHfs will take the depositions of Dr. William Burkette, Dr. Earnest
Hardy and Dr. John L. Cantelow on 8/19/87 in Birmingham, Alabama, filed-cs-djd
HEARING (pltf's req. for TRC & errergency relief) before the Honorable
Sam C. Pointer, Jr.. USDJ - Order GRANTING mot ion of Oonald !'Iatldns ~o appear
0f Btham tida
as pltf's counsel for this hearing og,;r (SCP) - Mot:).on of C:).ty ad
nroCeed
'cus c iae - GRANTED (YAr
) ( SCP) - Amicus cur~ae
op s ev ence
as put O~y, pltF- Motion of PItt '8 to snow cause why deft should
not be iJe'li'i" lll. contempt of court - DENIED (SCP) - Motion of pltf to

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 46 of 55
...llA
Rev, 1/75)

CIVIL DOCKET CONTINUATION SHEET
PLAINTIFF

DEFENDANT

LINDA S'roUT, e_t_a_l_ _ _ _ _ _ _ _

r

DATE;

Aug.

NR.

.

17

17


17

21

25

Sept 3
10
Oct
IS:

c:.

!

201

I

1988

Feb 10 .
16

i

-'-_JE_F_FE~~S'tha..;lb_CO-UNTY--B-D-O-F-ED-U-C-"'_T_ION
__
,_

I
..

1

DOCKET NO

~5-P-=-0396-J

PAGE~~

PAGES

PROCEEDINGS

d~positions

on~eiiffiinary~

(con.) shorten tiJre to take
in pre-par-a-t=i=o-n-of hearing
injunction - JvKX)'I' (SCP) - findings of fact and conclusions of law dlctated
into the recard in open court - PUf's request for TOO and errergency
relief DENIED (SCP) - ( PE, Rptr) --am
COURTRCx:M DEPUTY NClI'ES--aan

'Clerk's Court Minutes that i t is ordered and adjudged that pHf's request for
temporary restraining order and emergency relief is hereby denied, filed;
entered 8/17/87-cm-djd
Trans=ipt of proceedings had before the Han. sam C. Pointer, Jr. on 8/17/87 in
Birmingham, AL., filed-djd
(Court Rptr: Penny Enoch)
Notice of appeal of plff of this court's order entered August 17, 1987,
filed-cm-krk
Certified copy of notice of appeal, order appealed from and docket entries mail
to
USCA; transmittal letter to attorneys of record-krk
Copy of Faxed ODder-USCA dated 8/26/87 that appellant's motion for stay of 8/17/8
order pending further order of USCA is granted and parties are directed to
inform USCA of any action by Atty. General under §5 Voting Rights Act of 1965,
\
filed (TJOFLAT, VANCE and KRAVI'I'CH)-sjr
(copy to SCP)
,1 Transcript of proceedings had before the Honorable Sam. C. Pointer on 8/17/87 in
Birmingham, Alabana, filed-djd (Penny Enoch-Ct Reporter)
Certified copy of ORDER-USCA dated 8/26/87 that appellant's motion for stay of p _
ceedin~s pending further order of USCA is granted and parties are directed to
informa USCA of any action by Atty General under ,r5 Voting Rights Act of 1965,
flIed (TJOFLAT, VANCE and KRAVITCH)-djd
DeSignation of plff of record on appeal, filed-cs-djd
Certified record on appeal mailed to Clerk-USCA (transmittal letter to attys)-djd
Report to the
Report ot the
expandable
Report to the

Court of the Midfield City Board of Education, filed-djd
Court of the Jefferson County Board of Education, filed-djd (2 larg
folders)
Court of the Homewood City School Systems, filed-djd

Report to the Court of the Midfield City Schools System, filect-djd
Report to the Court of the Jefferson County School System, filed-djd (in large
expandable folder)
18
, Report to the Court of the HOlTe\\iQOd City School System, filect-djd
9
Report dated February 17, 1987 to the Court of the Vestavia Hills Schools.
Mar
filed-djd
Report dated October 18, 1987 to the Court of the Vestavia Hills Schools System,
9
filed-<'ljd
Report
dated February 17, 1988 to the Court of the Vestavia Hills Schools System.
9
filed-djd
29 '.>I~) Report ~o the Court of the Fairfield City Schools system, filed-djd
JUne 7
Suggestion of formation of municipal school system, fDJ\IER CrI"l BO!\.RD OF EJXX::ATICN
with exhibits attached, filed-cs-djd (del SCP)
23
Certified copy of ORDER-USCA dated 5/27/88 issued as and for the mandate 6/20/88
that the judgrrcn'c of the Dj_Gtrkt Couet is affil11Ed; further :::hat pIE::; pa:,'
defts the costs on appeal, Ilith copy of slip opinion attached, filed (KRAVITC
HENDERSON & HENLEY)-<'Ijd (rec~'"d not received)
Jet
17
Report to the Court of the Jefferson County School System, filed-djd (in large
i e~le folder)
Report to the Court of the Midfield City School System, fJi\rd-djd
!,i II Report to the Court of the Hare\\iQOd School System, flloo-dJ

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 47 of 55
DC ll1A
(Rev. 1/75)

CIVIL DOCKET CONTiNUATION SHEET
PLAINTIFF

DEFENDANT

LINDA STOUT, et al
,

..­ 1~~9E
jan 31

Feb

.


NR. '

IuO I

9
15
21
24
27

28

Mar

9

Apr

11
25

May

19
24

JUly

3

21

1
8
10

I

PROCEEDINGS

Report to the Court of the Vestavia Hills Board of Education, filed-djd (placed
in expandable folder)
Report to the Court of the Midfield City Schools Systems, filed-djd (placed in
expandable folder)
Report to the Court of the Jefferson County School System, filed-djd (in large
accordian-expandable folder)
Report to the Court of the Harewood Board of Education, filed-cs-djd
Report to the Court of the Vestavia Hill Board of Education, filed-djd
Motion in this and 85-T-1332-N (Middle District of Alabama ) of defts Harewood
City Board of Education, Hoover City Board of Education and Midfield City Boa
of Education for detennination of venue and jurisdiction, with exhibits
attached, filed-cs-djd
-- SEE ORDER DATED 3/9/89
Motion (arrended) in this and 85-T-1332-N (Middle District of Alabama) of defts
Homewood City Board of Education, Hoover City Board of Education and Midfield
City Board of Education for determination of venue and jurisdiction, filsd-cs·
__ SEE ORDER DATED 3/9/89
ORIER that defts Homewood City Board of Education, Hoover City Board of Educatio
Midfield Board of Education's rrotions for determ:lnation of venue and juris­
diction raise questions that should be addressed to and resolved by the cou
in the Dillard case (85-T-1332-N, Middle District of Alabama) and not by th
court; accordingly the rrotions are denied, without prejudice to their
consideration by the Middle District of Alabama, fHed (POINTER); entered
3/9/89-an-djd
~lotion in this and 65-"fJM-366-S::>f USA
for supplerrental relief, filsd-cs-djd
-- SEE ORDER DATED 7/21/89
Interrogatories (first disovery requests) of pHf-intervenor propounded to deft
Jefferson County Board of Education, with request for production thereon,
filed-cs-djd
Motion of Hugh Colston, Sharleen Williams, Johnnie W. Williams, et al for leave
to intervene, filed-cs-djd
-SEE ORDER DATED 7/21/89
Answers in this and 65-fJM-0366-S of deft Jefferson County Board of Education to
plff-intervenor's interrogatories, with exhibits attached, filed-cs-djd

Factual stipulations of the parties, with exhibits attached, in this case and
86-C-1779-S, filed-cs-msl
~ion, fi.led (POINTER); entered 7/2l/89-an-djd
ORIER based on the findings and =nclusions contained in the opinion filed here~
that the rrotion of the United States for supplerrental relief is granted to
extent that the Jefferson County Board of Education is ordered to afford to
rerraining rrerrbers of the staff and faculty at McNeil Junior High School the
option of retaining their employment status with the Board, subject to OOinS
reassigned to other schools and facilities within the county system pursuani
to existing policies; further that the rrotion of Hugh Colston, et al to
intervene is granted to the extend of their interest in the relief granted
under the preceding paragraph, filed (POINTER); entered 7/21/89-an-djd
Motion (petitin) of Daniel and Jennifer Krerrer for hardship relief, with exhibi
attached, filed-cs-djd
-- 9/7/.89 IENIED (POINTER); entered 9/8/89-cm-di.d
Reply qf Hoover Clty Boatd ot Education to -Petitjion of Daniel and

JeruuferKremer for hardship relief, with exhibits attached, filed-cs-msl


21

Sept

JEFFERSON COUNTY BD OF EDUCATION

I DOCKET 1'0 65-P-O;:lJ1
dS.
I PAGE _ O F _ _ PAGE

to I ')?

Re[Xlrt to the Court of the Midfield City Boa.-rd of Education, filed-djd

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 48 of 55

CIVIL DOCKET CONTINUATION SHEET

,

DEFENDANT

',::':""AINTIFF

! DOCKET NO.

_~

PAGE4~OF_~ PAGES
DATE

(PP1

16

>ct

PROCEEDINGS

NR.

Report to the Court of the HCIlB\rood Board of Education, filed--djd (placed in
expandable folder)

1990
Report to the Court of the Midfield City Schools, filed-tgp (placed in folder)
Report to the Court of the ~woexi Board of &lucation, filed-tgp (placed in fold r)
Report to the Court of the Jefferson County Board of &lucation, filed-tgp

9

Feb.

13

16

Report to the Court of Midfield City Schools filed-cs-snh

Report to the Court of the Hanewoexi Board of Education, filed-djd

Report to the Court of the Jefferson County Board of Education, filed--djd

Oct. 11

15

16

1991
Feb

8

Report to the Court of the Midfield City Schools, filed--djd

Report to the Court of the Hanewoexi Board of Education, filed-djd

Report to the Court of the Jefferson County Board of Education, filed-djd
Report to tl:B Court of he \€ s tavia Board of Education, filed--djd

Report to the Court of the \€ s tavia Board of Education, filed--djd
Report to the Court of the Midfield City School System, filed-djd

Report to the Court of the Jefferson County School System, filed-djd
Report to the Court of the Hanewood City School System, filed--djd
Report to the Court of the ;"estavia City Schools System, filed-djd

14

15


27
28


June
Oct

10

16

3,.
1992
Feb '1

J< ,t

.1

14

20

Oct 13
19

21

lov 10
i993

Report
Report
Report
Report

.

to the Court of the Harewood Board of Education, filed-djd
to the Court of the Midfield City School Svstem, fUed-djd

to the Court of the Jefferson Cty Board of Education, filed-djd

to the Court of t he "",stavia Board of Education, filed--djd

rt to the Court of the :!-lidfield City School System, filed -tIh
Report to the Court of the Jefferson County School Board -filed-tlh
Report to the Court of the H'anewI:>od Ed of Education-filed-tlh
port to the Court of the City of Vestivia Hills Ed o~ducation-filed-tlh
Report to the court by Midfield City Ed of Eduation-filed-:cs-tlh

Feb. IS

16

Heport to the court by Jefferson Cty Ed of Ed -filed-cs-tlh

22

Narch8


2.3

Report to the cout by Homewood City School SystemPfiled-cs-tlh

Report to the court by The Ed of Education of the City of Vestavia Hills-filed-tl

Heport to the court by the Florecence City School System-filed-tlh
Notion by the Jefferson Cty Ed of Ed for approval of proposed
construction and attendance zone line modification-filed-cs-tlh

Sept 9
15

Response by pla to motion of school board for approval of
proposed construction & attendance zone line modification-filed-t h

let 8

Report to the court by the MIdfiled City Ed of &lucatlon-filed - tlh

15
Report to the court by thE' flanewoexi City School System-filed-tlh
1994
Feb 10 .!
Report to the court bv Mjdfi.eld Citv Bqardlof fd~c~ig~h filed-jlm
arch 2 iStS::'> Rep!I:lrt to tne court by vestaV.La aI s- 1 e ­
'I

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 49 of 55
DC U1A
(Rev, 1;75)

_ _ _ _ CIVIL. DOCKET CONTINUATION SHEET
-------;~

I

-~-65-P-396-DOCKET NO, _ _ __

JEFFERSON COUNTY BOARD

LINDA STOUT
----

r.iEFENOANT

PAGE

_4IoF,___ PAGE

i

-1§'g-2;"~=+. ,~R.

S1

April

-h.

PROCEEDINGS====~=====

ORDER approving proposed construction and attendance zones line
modification, pursuant to provisions of previous order entered
in this matter regarding McAdory & Shades Valley School-filed
(Pointer)~cm~tlh

t 7

Motion by Jefferson Cty Board for court approval of proposed construction,
-filed-tlh
10 /17 /94 Construction Approve- filed (Pointer) -an- tlhO
Report to the Court by Miafield City Bd of Ed-filed-cs-tlh
Report by Home,vood City School System to the court-filed-tlh
Report by City of Vestavia Hills to the court-filed-tlh

Oct l~
',' L

lil

Nov 2
1995
feb 1'5

March 1

*

I

Feb 9
Feb 17 .

April IP
Oct 19

23
30

RepOrt by the Cit" "f Midfield Schools-filed-tlh
Motion by Jefferson Cty Ed for court approval of proposed construction
-;- 03/15/95 Approved (Pointer)-cm-tlm"
Report by Miidfield City Schools-fiJ.ed--tlh
Report by ~wood City School System-filed-th
Report by the Ed_of City of'Vestavia Hills-filed-tlh

-filed-t~

Jefferson County Bd of Fducations to the arurt-filed-tlm
report by the Harewood Ed of Etlucation to the court-filed-tlm

Ieport by the

Ieport by the Bd

of Etlucation of the City of Vestavia Hills-filed-tlm

1996

Feb 13
16
22
27

June 10
2

July 8
12

Report by the Midfield City Ed of Ed to the court-filed-tlm

Report by the Jefferson Cty Ed of Ed to the court-filed-tIm

Report by Horrewood City School System - filed - ltrn

Report by City of Vestavia Hi1ss to the court-filed-tlm

OPP06ITICN ro JllDTICN FUR ~ SHADES VALLEY 9:HXlL ZCNE filed by Elba .. Mar1I:
SchIOiIartz and over 200 signatures of panmts attached envelope incltDed cjv

Motion by Jeff Cty Ed of Ed far court approval of attendance zone modifications
-filed-cs-t1m
Response of pIa to motion for court apprryJal of attendance zone modifications
-filed-cs-tlm
M:tim l:y City of Irmlale, Al to :intErl.e:E-fila:k:s-tJm

22
29

(D7ft> ~poo8e

by US in non-oppositionto dfts motion to modify
attendance zones- filC<j

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 50 of 55
11lA
!!V. 1!75j

·_·-1-·_··
65-P.::96

CIVIL DOCKET CONTiNUATION SHEET

- - ·l-·OEFENDANT

, DOCKET NO.

Lin:la Stout

. Jefferson County Board of Ed.
PROCEEOINGS

NR.

DATE

! PAGE ~!80F___ PAGES

1996
(CV-96-4513 State Court i)
Motion of plaintiffs-Intervenors, Daniel/Rime I, LLC, Charlie and
Minnie Henderson, Randy Clark, Greg and Donna Sawhill, to interve e,
with MOTION to continue ruling on motion til State Court issues
have been devcided and til this Court has fully considered the
issues, with Complaint in intervention and exhs att, filed-cs-j~

Ib77

Aug 1

I

I

HE1IR1N:i 00 MJ'I'I(I'IS (OCP }-Court •s prel:iroinary remarks-Counsel t s argurrents­
WRI'l'I'FN GRIER to be entered-(Teresa Roberson, Court Reporter)

5

!"7&

6

rld

Order the motion for court approal of attendance zone modification filed 6/28/9
is Granted w/o prejudice to pursuit of state law claims in state court or to
reconsideration by thA school board; the rrottion to intervene filed by the owne
and/or residents of the Meadows apartment complex and the City of Irondale are
Withdrawn-filed (Pointer) -an-tIm

Ill?
,i

OctB'

t

R::'.?.' ,'t:

to toe, CO)Jrt by Midfield City Bd of Education-filed-tlrn

,

Rdport td'th~ court by'Jefie:t'lroTf 'Coun'tyBl'f"of Ed-filed.:t~

City of Vestavia Hills-filed-t~


21

28


_~epbrt?fo tfie.court by

Report to the court by Homewood City School

Nov 4
1997
Feb 10

Report to the court by the Midfield City School Svstem~rilAn-tlm
Report 0 the court by Jeffeson County Baa 8ducEaEion~rlIeaEIm
Report by the Harewood Ed of Ed to the court-filed-tlm

Report by City of ~stavia HIls Ed of Ed To the court -filed-tlm


Feb 18
27

21
April

I
I

10;
28

System-filed-t~

IMotion by Midfiled City Ed of Ed for modification of attendance zones; and for
I declaration of unitary status-filed-cs-tlm
1-See Order 4/28/97
brder the petit on on behalf of Midfield City Ed of Education seeking modification
I of attendance zones will be heard at 3,00 on 6/26/97 in Courtrocm N 0 *: any
party opposing in whole or in part the petition shall rrake known the nature of i s
objection in ,~iting by 6/20/97-filed (Pointer)-crrrtlm

'
I
June 20

1

Response by the USA to dfts petition for modification of attendance zones and
declaration of unitary status-filed-cs-tlm
fOCder that by petition dated 4/10/97 the Midfiled City Ed of Ed seeks to modify it
26
I student attendance zone to correspond with the city l:imits of Midfield effective
I
imnediately for students; K-8 & to obtain a declaration that it has achieved Uni ar'i
Status:the court directs the parties to submit to the court a scheduling order
on or before 8/15/97-filed (Pointer)-an-tlm
Sep
5
Petition of Homewood City Board of Education for clarification or in the

alternative, motion for TRO, with exhs att, filed-cs-jlm

-- SEE ORDER OF 9/8/97

8 . (~::ll) ORDER that court AFFIRMS Homewood Board of Educat ion's policy re res idence

!~); <-I and school attendance and its recent appl ication is consistent with Orders (POI
Ef
1

1

.... .t:

c+",,,+,,

u .............."'... ..-I r';+H

DA


J'.

r

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 51 of 55

-

DC lllA

...~

(Rev. 1/15)
CIVJL DOCKET CONTINUATION SHEET

PLAINTIFF

1

DEFENDANT

DOCKET NO. --<i5.~~

DATE

1997
OCT.

NR.

);'I{"
10
15


~,

Nry..."'-

26

PROCEEDINGS

Stipulation of parties for entry of scheduling order-filed-cs-srn
10/6/97 APPROVING (POINTER) ENTERED lO/7/97-cm-srn
Report by the Midfiled City 00 of&lucation-filed--tJm

Notice of canpliance of Jefferson CaJnty 00 of Education-filed--tlm
Repo':' by lhe HOmcw,y)d Bdc< fo Edu' a'i.en··f: 'cd-- 'm
Hoton by City of Midfield for extension of time tosubmit discovery ir
-filed--cs-tlm

_ .... 12/11 1 979 Gratned
DEc 18

Feb 10


±9

PAGE A;;!OF_ _ PAGES

Jefferson County Board of Ed.

Linda Stout

(Pointer) -cm--tlm

Suggesstion of compliance of the City of MIdfield Bd of Ed -filed-tl
Motion of Mariorie W. Davis fnr transfer to McAdory High SchooJ

f j led t ibll'

SEE ORDER 2/17/98

'j.)\~Report by City of Midfied Schools jo cOl1'pliance with 8,24/71 order

.
' f i l ed . t Ill'

-) ~1

tl':ec 24

~j;\6it b~'Vtr;~b:fCbf1,dSciitj'o\rrbfftJ:ie"'}:dtYoiv~Sf'1f!fa" 'I-d.~.l:stilkd:titi'i

reb 17

Feport by the Jefferson Cty M of. Ecuation-fHed-tJll'

17

Order the letter by Ms Marjorie Davis for relief attendance zone restrrictions
is Denied w/o prejudice-filed-(Pointer)·crr-tlrr

24

Feport to the court by the Mof Ed of the City of Vestavia Hills-filed·.·cs··t}ll'

f'lJarch 2

Motion by the plas for extension of tirre-filed-cs·tlrr

,. 03/09/98 Granted(Pointer)··ar-tlrr

PJaintiff's sm:J:EMNI' CF Fl'CIS filed--srn

Motion by Midfield City Bdof F..d for extenion of t.irre to respond to
staterrnt of outstanding issues ··filed··cs- tIll'

27
May 1

Response by City of Midfield BD of Ed to plas

pIas

StateJrtn of outstaming issues-fLU

-t1rr

il'bt:j()rl,!>t0~ ~ 'foJ:"',re1case.'Gf casey:WA:I:'$

f.:r:an the

~

00 ofs

Education-filed-tlm

15

Order that the Bessener 00 of Ed release Casey WAre frcm enro1.lIJ:ent allowing
him to be reinstated as a stu:Jent at PIGrove-filed (Pointer)-cm-tlm

Notice of appearance by Fred D. Gray and FFFFred D. Gray, ,Ir on behalf of the plas
-filed··tlrr

Oct 5
9
Dec 7

Notice of Midfield City 00 of Ed filed in carpliance with the 8/24/71 order-filed

7 [3

Report of 3d of Ed City of Vestavia Hills-filed-Um

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 52 of 55
DC J.1.lA

(Rr-~75)

"

ClVIL DOCKET CONTINUATiON SHEET

!

DEFENDANT

PLAINTIFF

!

DATE

Dec 17
1999

NR.

i

'/;

Feb 8
26

-J

DOCKET NO. _ _._ _..

PAG~OF_~PAGES

PROCEEDINGS

i

Report to the court by City of Homewood School System-filed-cs-tlm
Report to the Court by City of Midfield Bd of Eduation-field-es-tlm
Motion by Jefferson Cty Bd of approval of proposed grade changes-fi
-cs-tlm

reb 18

Reprt by Jefferson County ad of Ed to the court-filed-tlm

March 11

Report by Bd of Ed of City of Vestavia Hil$s-filed-tlm

April 1
July 22

29
Aug 5

otion by pIa

~otion

d

to withdraw as counsel for pla-filed-tlm

by Lovell Richardson, Jr to change school districts-filed-tlm

rder (Consent JudgMent) as set out i n the provisions of this order fil
{Pointer)-cm-tlm
Order tht the court authorized the Bessemer Bd of Ed to release
Mr Richards child from the schools of that system to another schoo di
subject to the jurisdiciton of this court-filed (Pointer)-em-tlm

Motion by Lee H. Walker for release of Demetirus Wallace from Bessem r
City Schools-filed-cs-tlm
See Order 8/19/99
Motion
by Cynthias Robinson to release Kedrik Robinson from Besseme
16
City Schools-filed-elm
__ See Order 8/19/99
Order that the letter request on behalf of Demetrius Walker &
19
Kedrick Robinson for release from the Bessemer City Schools and
for acceptance as Students at McAdory High School in the Jefferso
are under the provisions for a majority to minority
county Sc 001 System
transfer granted to the extent that the Bessemer & Jefferson Cty Bd
of Ed are each authorized to allow such transfer w/o however any
obligation by the Cty Bd to provided transportation-filed-{Ponterl
-em-tIm
Dc'
Report by Midfield Board of Education - filed- dc
Report to the court by Jefferson County Bd of Ed-filed-dc
22
11

J


Nov 30
DEC 27

2000
Feb 10

eport to the court by Hanewood City School System - filed-de
Report to the court by the Board of Ed of the City of Vestavia Hills-filed-dc

Report
16
Report
24
Report
24 .733 Report

to
to
to
to

the
the
the
the

court
court
court
court

by
by
by
by

the Midfield City Board of Ed - filed-de
Jefferson County Bd of Ed -fi1ed-dc
Homewood City School System -filed-de
City of Vestavis Hills - filed-de

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 53 of 55
DC IlIA

(Rev. 1/75)

r-;:;;-==:-;::-_ _ _ _ _ _ _ _ _ _-"C:.:l-'-V:.:lL..i-'0::,o:;;c"'K";E=.:T~C:7;0NTINUATION
PLAINTIFF

SHEET

DEFENDANT

: DOCKET NOe

i

15

73Y
'7:';;')

.

kotion (joint) by parties - dfts Jeff Cty Bd of Ed, et al &

pla(s) Linda Stout, et al &
intvp USA for order approving
Consent Order - filed- dc (Consent Order & exhs (map) atta)
CONSENI' ORDER by the parties approving joint trotion for consent order filed
(Judge lnge P. Johnson) an asl

16

Oct

rt to the

Oct 24

((iX;t 30

NOV 13

PAGE&_OF_._PAGES

PROCE:EDINGS

DATE:

2000
Sep .,

Y-.:-'" S-~.-:

court by the Midfie1:d City Boanl of Ed - de

Jefferson Cty - out of district transfers 2000-2001 - dc (1 box 1 expandable)
part to the court by the Ed of Ed of the City of Vestavia Hills - filled - de

1

Report to the court for the Hanewood City School Systen - filed-de

2001

Feb 8


eport to the Court by the Midfield City Board of Ed - de

Feb 22


Report to the Court by the Homewood City School System - filed dc

Feb27


Report to the Court by the Jefferson County - filed dc

MAR 5

Report to the court by the Bd of Ed of the City of Vestavia Hills
- filed - dc

JUL 20

Motion by petitioners MoDena!, Smith & Powers for relief & trodification of
consent decrees to chac~ge zoning lL~es - filed - asl

JUL 27

JUL 31

tion by petitioners Fant,
relief from attendance
High School to include
filed - asl (with exhs

Shoop & Moore & signatures orl att appendix B for
zoning lL~es for Gresham Middle & Shades Valley
all residants & students of the City of Irondale
att)

Motion by Mr & Mrs Lee H. Walker to allow sons Jeremy & Demetrius Walker to transf
I
from Besserer City School District to Jefferson County School District - fil~
i

AUG

2

AUG 8

AUG 9
AUG 9

ORDER that motions filed by plas on 7/20/01; 7/27/01; & 7/31/01 will be heard on
8/21/01 at 3:00 p.m. in Sham Al (entered 8/3/01) (Judge Inge P. Joh~son) em ,
Motion (letter) by petitioner Teria H. Brown for a majority to minority school
transfer for minor sen Joseph E. Brown to Shades Valley High School - filed ­
tion by Lee H. Walker for emergency relief - filed - asl

ORDER that the letter (deered a motion) filed by Teria H. Brown on 8/8/01 will be
heard on 8/21/01 at 3:00 p.m. in Sham AL; ordered that all letters/motions sl
be served by petitioners in this case on parties to lawsuit(entered 8/10/01)
(Judge Inge P. Joh~son) an asl

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 54 of 55
DC lllA
IRe\'. 1/(5)

CIVIL OOCKEi' CONTINUATION SHEET
---------'-r-:::O·;;::EF"'E'""N"'"DA=NT

··-·-·-··----rj-----(p5-39(, S


PLAINTIFF

I DOCKET NO, _ , _ , , _
i

DATE

PROCEEDINGS

NR. '

,=-=

2001
Aug 9

PA~~F_~PAGES

'1 S I ORDER that rrotion

fi,led,Qy, LE'fl I;J,.. WalkE'x on 8/9/01 be beard at 3:00 p.m. on 8/21/

Bharn AL; ordered that all letters/rrotions should be served by petitioners on
to this lawsuit (entered 8/10/01) (Judge Inge P. Johnson) ern asl

Aug 9

Attorney Appearance Notice by Kristan S. Mayer & Valerie Sirrons & Jenny L. Smith
the USA; substituting attys for Daniel Kobrman who is no longer atty of reeo
the USA - filed - asl
sp:mse (joint) of the parties to petitioners I ITDtions - filed - asl
tion by Teresa Willcut for court approval to allow Brandon, Tyler & Hayden Willc tt
to be gr~~fathered into Gardendale Schools - filed w/E'~ att - asl
er that motion filed by Teresa Willcutt on 8/10/01 will be heard on 8/21/01 at
3:00 p.m. in Bharn AL; ordered that all letter/ITDtions should be served by pet
on parties to this lawsuit (entered 8/14/01) (Judge Inge P. Joh~son) em asl

~

r denying parties' request to be allowed to appear by telefhone; parties are
encouraged to review pending petitions to ascertain whether or not the partie ar
agreeable to the court granting relief sought, provided the county board be
relieved of any obligation to provide transportation to petitioner's children
(entered 8/15/01) (Judge Inge P. Johnson) em asl

ug 17

ubrnission of Evidence in support of petition fileq7/20 for relief and modificatio of
consent decrees to change zoning lines -filed w/exhs att L"1cluding poster bo'
m

Aug. 22

ORDER gra"1ting 6 petitions for transfer to various schools as set out in the peti
after hearing on August 21, 2001 before the Honorable Inge P. Johnson; setting
Novembex 3D, 2001 at 9:00 am hearL"1g before Judge Johnson of the parties with in itc
to Mayor of Irondale and other possible mayors who may choose to participate;
iE
toascertain cornpli~"1ce with court orders in time to sensors a fair and orderly
transfer process prior to the beginning of the 2002-2003 school year, filed
(JOHNSON); entered 08/22/01 ern - snh

Aug 21

Hearing held before the Hon IPJ, USDJ, re Plffs' Motion filed on 7/2 ,

7/31, et al. Written order to follow (see above order).
Ct Rtpr,

Penny Adams - ems


Aug 23

'7

"I Motion by TE'Iesa Willcutt for clarification of 8/22/01 order regarding having Bra. on,

Aug 27
Aug 28

Aug 29

Tyler a"1d Hayden Willcutt grandfathered into the Gardendale School System-fil

-1

DENIED ITDtion to seek clarification of 8/22/01 order--ern (Johnson) entered 8/27/01 ma

Order amending 8/26/01 order that Walker's transfer request were conditioned on
Walker paying previously owed & presE'nt tuition costs, filed (JOHNSON);
entered 8/29/01 em - asl

1 Ie 2.

Trans=ipt excerpt of hearing held before Judge Johnson on 8/21/01, Penny L.

court reportPI - filed - as!


Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 55 of 55
DC U1A
{Rev, li75)

CIVJL DOCKET CONTINUATION SHEET
PLAINTIFF

DEFENDANT

DOCKET NO. ________

PAG530F _____
DATE

PAGE:=

PROCEEDINGS

NR'
i

2001

Sep 5

'

'7 loB ~tion by Karla McGrady

regarding acceptance & continuation of children's educati
in the Jefferson County School System, specifically Snow Rogers Elementary,
Bragg Jr. High & Gardendale High School - filed - asl See order entered

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