STANLEY v. DARLINGTON COUNTY SCHOOL DIST.

Nos. 95-1827,95-1828.

84 F.3d 707 (1996)

Theodore Whitmore STANLEY; Kevin Barber, minor, by his father and next friend Jesse Barber; Patrick Barber, minor, by his father and next friend Jesse Barber; Bryan Barber, minor, by his father and next friend Jesse Barber; Lurlean Bess Mack, minor, by J.W. Mack, her grandfather and next friend; Brian Franklin, minor, by his mother and next friend Joyce Franklin; Jay Franklin, minor, by his mother and next friend Joyce Franklin; United States of America, Plaintiffs, v. DARLINGTON COUNTY SCHOOL DISTRICT, a public body corporate, Defendant-Appellee, v. The STATE OF SOUTH CAROLINA; the Department of Education for the State of South Carolina; the Board of Education for the State of South Carolina; William P. Beckham, III, In Official Capacity as Member of the State Board of Education; Samuel M. Greer, In Official Capacity as Member of the State Board of Education; Joseph Peeler Stabler, Colonel, In Official Capacity as Member of the State Board of Education; Cleveland Sellars, In Official Capacity as Member of the State Board of Education; Austin Floyd, In Official Capacity as Member of the State Board of Education; Julian B. Wright, In Official Capacity as Member of the State Board of Education; Brenda K. Vernon, In Official Capacity as Member of the State Board of Education; Earl Bostick, Sr., In Official Capacity as Member of the State Board of Education; Maxie Duke, In Official Capacity as Member of the State Board of Education; Laura M. Fleming, In Official Capacity as Member of the State Board of Education; Frank M. Hart, In Official Capacity as Member of the State Board of Education; Beth Pinson, In Official Capacity as Member of the State Board of Education; W. Gregory Horton, In Official Capacity as Member of the State Board of Education; Robert W. Owen, In Official Capacity as Member of the State Board of Education; Ruby Matthews, In Official Capacity as Member of the State Board of Education; Celia Gettys, In Official Capacity as Member of the State Board of Education; Thomas E. McInville, In Official Capacity as Member of the State Board of Education; David M. Beasley, In His Official Capacity as Governor of the State of South Carolina; Barbara S. Nielsen, In Her Official Capacity as State Superintendent of Education for the State of South Carolina, Defendants-Appellants, and David M. Beasley, In His Official Capacity as Chairman of the State Budget and Control Board; South Carolina Budget and Control Board; Grady L. Patterson, Jr., In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina; Earle E. Morris, Jr., In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina; James M. Waddell, Jr., In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina; William D. Boan, In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Defendants. Theodore Whitmore STANLEY; Kevin Barber, minor, by his father and next friend Jesse Barber; Patrick Barber, minor, by his father and next friend Jesse Barber; Bryan Barber, minor, by his father and next friend Jesse Barber; Lurlean Bess Mack, minor, by J.W. Mack, her grandfather and next friend; Brian Franklin, minor, by his mother and next friend Joyce Franklin; Jay Franklin, minor, by his mother and next friend Joyce Franklin; United States of America, Plaintiffs, v. DARLINGTON COUNTY SCHOOL DISTRICT, a public body corporate, Defendant-Appellant, v. The STATE OF SOUTH CAROLINA; the Department of Education for the State of South Carolina; the Board of Education for the State of South Carolina; William P. Beckham, III, In Official Capacity as Member of the State Board of Education; Samuel M. Greer, In Official Capacity as Member of the State Board of Education; Joseph Peeler Stabler, Colonel, In Official Capacity as Member of the State Board of Education; Cleveland Sellars, In Official Capacity as Member of the State Board of Education; Austin Floyd, In Official Capacity as Member of the State Board of Education; Julian B. Wright, In Official Capacity as Member of the State Board of Education; Brenda K. Vernon, In Official Capacity as Member of the State Board of Education; Earl Bostick, Sr., In Official Capacity as Member of the State Board of Education; Maxie Duke, In Official Capacity as Member of the State Board of Education; Laura M. Fleming, In Official Capacity as Member of the State Board of Education; Frank M. Hart, In Official Capacity as Member of the State Board of Education; Beth Pinson, In Official Capacity as Member of the State Board of Education; W. Gregory Horton, In Official Capacity as Member of the State Board of Education; Robert W. Owen, In Official Capacity as Member of the State Board of Education; Ruby Matthews, In Official Capacity as Member of the State Board of Education; Celia Gettys, In Official Capacity as Member of the State Board of Education; Thomas E. McInville, In Official Capacity as Member of the State Board of Education; David M. Beasley, In His Official Capacity as Governor of the State of South Carolina; Barbara S. Nielsen, In Her Official Capacity as State Superintendent of Education for the State of South Carolina, Defendants-Appellees, and David M. Beasley, In His Official Capacity as Chairman of the State Budget and Control Board; South Carolina Budget and Control Board; Grady L. Patterson, Jr., In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina; Earle E. Morris, Jr., In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina; James M. Waddell, Jr., In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina; William D. Boan, In Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1996.


Attorney(s) appearing for the Case

ARGUED: James Emory Smith, Jr., Assistant Deputy Attorney General, Columbia, South Carolina, for Appellants. Alfred A. Lindseth, Sutherland, Asbill & Brennan, Atlanta, Georgia, for Appellee. ON BRIEF: Charles Molony Condon, Attorney General, Treva G. Ashworth, Deputy Attorney General, Columbia, South Carolina; George C. Leventis, General Counsel, State Department of Education, Columbia, South Carolina, for Appellants. John M. Milling, Darlington, South Carolina, for Appellee.

Before WIDENER and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Senior Judge BUTZNER joined.

OPINION

NIEMEYER, Circuit Judge:

In 1962, seven black students filed this class action on behalf of all black students in Darlington County, South Carolina, against the Darlington County School District to compel desegregation of the county's public schools. The case was initially resolved in 1970 by the district court's entry...

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