MARABLE v. ALABAMA MENTAL HEALTH BOARD

Civ. A. Nos. 2615-N, 2610-N.

297 F.Supp. 291 (1969)

Loveman MARABLE, by his brother and next friend, Bert Marable, et al., Plaintiffs, v. ALABAMA MENTAL HEALTH BOARD, a public corporation, et al., Defendants. STATE OF ALABAMA ex rel. MacDonald GALLION, Attorney General of Alabama, Plaintiff, v. Robert H. FINCH, as Secretary of the Department of Health, Education and Welfare of the United States, et al., Defendants. UNITED STATES of America and Robert H. Finch, as Secretary of the U. S. Department of Health, Education and Welfare, Counter-claimants, v. STATE OF ALABAMA ex rel. MacDonald GALLION, Attorney General of Alabama, et al., Counter-defendants.

United States District Court M. D. Alabama, N. D.

February 11, 1969.


Attorney(s) appearing for the Case

Jack Greenberg, Michael Meltsner and Conrad K. Harper, New York City, Demetrius C. Newton and Orzell Billingsley, Jr., Birmingham, Ala., for plaintiffs Marable and others.

MacDonald Gallion, Atty. Gen., Robert F. Miller, Bernard F. Sikes, and Jamie Pettigrew, Asst. Attys. Gen., State of Alabama, Montgomery, Ala., for Alabama Mental Health Bd. and State of Ala.

Stephen J. Pollak, Asst. Atty. Gen., David L. Rose and Harold Himmelman, Attys., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., Ben Hardeman, U. S. Atty., Montgomery, Ala., for the United States and Robert H. Finch, Alanson W. Willcox, Gen. Counsel, Edwin Yourman, Asst. Gen. Counsel, and Marilyn G. Rose, Atty., U. S. Dept. of Health, Education and Welfare, Washington, D. C., of counsel.

Before GODBOLD, Circuit Judge, and JOHNSON and PITTMAN, District Judges.


JOHNSON, District Judge:

These consolidated cases involve racial discrimination and segregation in the operation of Alabama's mental institutions. This long and complicated litigation over a rather straightforward problem was initiated by a complaint filed by the State of Alabama November 17, 1967, seeking a declaration of Alabama's rights under § 602 of the Civil Rights Act of 1964, 42 U.S.C. § 2000d-1. In its...

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