SCHOOL BD. OF THE CITY OF RICHMOND, VA. v. BALILES

No. 86-3106.

829 F.2d 1308 (1987)

The SCHOOL BOARD OF THE CITY OF RICHMOND, VIRGINIA; Lois Harrison-Jones, Dr., in her official capacity as Superintendent of Richmond Public Schools; Leroy R. Hassell; Melvin D. Law; Meda S. Lane; Reginald L. Brown; Elizabeth T. Bebbs; Roger K. Clark; William R. Johnson, in their official capacities as school board members, Plaintiffs-Appellants, and Carolyn Bradley; Micheal Bradley, infants, by Minerva Bradley, their mother and next friend, et al; Shawn Coleman, a minor, by his mother and next friend; Alice M. Coleman; Antwaine Hill, a minor, by his mother and next friend, Loretta Hill, Plaintiffs, v. Gerald L. BALILES, Governor of the Commonwealth of Virginia; H.W. Tulloch; Kenneth S. White, Members of the State Board of Education; S. John Davis, Dr., Superintendent of Public Instruction of the Commonwealth of Virginia; Donald J. Finley, in his official capacity as Secretary of Education of the Commonwealth of Virginia; the State Board of Education of the Commonwealth of Virginia, and its individual members, in their official capacities as state board members; Mark Fravel, Jr.; Robert H. Defort, Jr.; Allix B. James; W.L. Lemmon; Frances A. Lewis; Margaret S. Martson; Suzanne F. Thomas, Defendants-Appellees, and City Council of the City of Richmond; City of Richmond, Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1987.


Attorney(s) appearing for the Case

Elliot M. Mincberg (David S. Tatel, Steven J. Routh, Hogan & Hartson, Washington, D.C., on brief), for plaintiffs-appellants.

Gregory E. Lucyk, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Paul J. Forch, Sr. Asst. Atty. Gen., William L. Thurston, Asst. Atty. Gen., Richmond, Va., on brief), for defendants-appellees.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.


DONALD RUSSELL, Circuit Judge.

This case concerns long-standing efforts to desegregate the public schools in Richmond, Virginia. Litigation began in 1961 when a class of individual plaintiffs brought suit against the School Board of the City of Richmond ("School Board"). The court initially ordered a freedom-of-choice plan for student attendance, but this proved to be ineffective. In 1970, following several intermediate suits, the court ordered the School Board to...

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