N. A. A. C. P. v. STATE OF CAL.

Civ.No. S-79-857 MLS.

511 F.Supp. 1244 (1981)

NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, a Corporation; Lukrieta Littlejohn, a Minor, by and through Carol Littlejohn, her Guardian Ad Litem; Angela Burford, a Minor, by and through Mattie Burford, her Guardian Ad Litem; Jack and Betty Lewis, individually and as parents and Guardians Ad Litem of Jack Lewis, Jr., and Felicia Lewis, Minors; Robert and Stella Parker, Individually and as parents and Guardians Ad Litem of Nancy Parker; Jose and Juanita Desousa, individually and as parents and Guardians Ad Litem of Dana Desousa, a Minor; Ken Thomas, individually and as parent and Guardian Ad Litem of Lamar Thomas and Kevin Thomas, Minors, on behalf of themselves and all others similarly situated, Plaintiffs, v. STATE OF CALIFORNIA; Edmund G. Brown, Jr., Governor of the State of California; Senator James R. Mills and Assemblyman Leo T. McCarthy, as principal officers of the Legislative Body of the State of California; George Deukmejian, Attorney General of the State of California; Wilson Riles, California State Superintendent of Public Instruction; Michael Kirst, Marian Drinker, William Gilbert, Louis Honig, Jr., Mary McLuhan, Lorenza Schmidt, Lenora Wax, Lewis P. Bohler, Jr., Ann Leavenworth, and Allen Seid, each as members of the California State Board of Education; Superior Courts of the State of California in and for the Counties of Los Angeles, San Bernardino, San Diego, San Mateo, Santa Barbara, and San Joaquin, and all persons acting on concert with and at the discretion of the above-named officials, Defendants.

United States District Court, E. D. California.

April 3, 1981.


Attorney(s) appearing for the Case

Nancy B. Reardan, Sacramento, Cal., Peter Cohn, Eva Paterson, San Francisco, Cal., for plaintiffs.

George Deukmejian, Atty. Gen., Richard D. Martland, Asst. Atty. Gen., Geoffrey L. Graybill, Deputy Atty. Gen., Sacramento, Cal., Alan K. Marks, County Counsel, San Bernardino, Cal., Donald L. Clark, County Counsel, San Diego, Cal., Keith C. Sorenson, Dist. Atty., George F. Camerlengo, Deputy Dist. Atty., Redwood City, Cal., Gerald A. Sherwin, County Counsel, County of San Joaquin, George H. Cunningham, Deputy County Counsel, Stockton, Cal., for defendants.


AMENDED OPINION

MILTON L. SCHWARTZ, District Judge.

Plaintiffs herein seek declaratory and injunctive relief with respect to Article I, § 7(a)1 of the California Constitution. Plaintiffs allege that this constitutional provision, which was enacted pursuant to a vote of the state's citizens, is racially discriminatory and that it therefore abridges the rights of plaintiffs to...

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