Cunningham v Grenada School District, federal court lawsuit ..., Schemes and Mind Maps of Law

Download Cunningham v Grenada School District, federal court lawsuit ... and more Schemes and Mind Maps Law in PDF only on Docsity! \ lit IN ~HE UNITED STATES DISTRICT COURT FOR TijE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DISTRICT SHARPER T • CUNNINGHAM, JR. and DARLENE CUNNINGHAM, minors, by their father and next friend, REV. S. T. CUNNINGHAM GRANVILLE JEROME SMITH, minor, by his father and next friend, WILLIE SMITH SHIRLEY JEAN JONES, minor, by her mother and next friend, MRS. MARTHA PERRY KAY LERA BOOKER, minor, by her mother and next friend, MRS. SARAH BOOKER ANNETTE WALKS , EMMA LEE WALSH and BILLIE FAY WALSH, minors, by their mother and next friend, MRS. LULA BROWN v. GRENADA MUNICIPAL SEPARATE SCHOOL DISTRICT, F. G. WILBORN, Super­ intendent of Education, CARL COOPER, Director of Transportation and Supervisor of Maintenance, JUNIUS TOWNES, Chairman and RALPH SEMMS, PAUL FEDRIC, HAROLD BIDDY and EARL GIL:WN, Members of the Board of the Grenada Municipal Separate School District, their agents, successors, employees and all those in active concert with them, Defendants. COMPLAINT I CIVIL ACTION NO. ___ _ The jurisdiction of this Court is invoked pursuant to the provisions of Title 28, United States Code, Section 1343(3), this being a suit in equity authorized by law, Title 42, United States Code, Section 1983, to be commenced by any -1- L citizen of the United States or other person within the juris­ diction thereof to redress the deprivation, under color of statute, ordinance, regulation, custom or usage of a State, of rights, privileges and immunities secured by the Constitution and laws of the United States. The rights, privileges and immunities this action are rights guaranteed by sought to be secured by/the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States, as hereinafter more fully appears. II This is a proceeding for a preliminary and permanent injunction enjoining the Grenada Municipal Separate School District, Grenada County, Mississippi, its Superintendent and Members of the· Board of Trustees. from continuing their policy, practice, custom and usage of operating a compulsory biracial school system in Grenada, Grenada County, Mississippi. III The plaintiffs in this case are set forth below: Minor Plaintiffs & Parents or Gu~dian · 1. 2. 3. 4. 5. 6. 7. 8 . • Sharper T. Cunningham, Jr. Darlene Cunningham minors, by their father and next friend, Rev. S. T. Cunningham Granville Jerome Smith minor, by his father and next friend, Willie Smith Shirley Jean Jones minor, by her mother and next friend, Mrs. Martha Perry Kay Lera Booker minor, by her mother and next friend, Mrs. Sarah Booker Annette Walsh Emma Lee Walsh Bi llie F ay Walsh minors, by their mother and next friend, Mrs. Lula Brown 1ft • •• -2- 5 7 7 10 13 10 Grade 4 2 1 2 2 3 8 4 11 6 ..... reflecting the compulsory biracial policy followed by defendants. All new construction plans proposed, adopted and executed by defennaa~a ere based upon the fact that there is in operation a compulsory biracial system of schools. All funds appropriated and expended by defendants are also appropriated and expended by defendants separately for Negro schools and for white schools. IX Plaintiffs allege that the quality and quantity of school facilities and instruction provided them and their class are inferior to those provided white children. Specifically, plaintiffs allege, upon information and belief, that: (a) The white high school is accredited by the State and the Southern Association of Secondary Schools and Colleges. The Negro high school is accredited only by the State. (b) Negro pupils are forced to use out-dated books handed down from the white schools. (c) No Negro elementary school has a library. (d) Negro schools are grossly overcrowded, with classes as high as 48 children. For the past three years some public school classes have been taught at the New Hope Church, a Negro church in the City of Grenada, because of the inadequate facilities provided by the defendant Board. (e) No Negro school in the county has a gymnasium, resulting in few athletic programs for plaintiffs and their class . All white schools have gymnasiums. (f) Pupil-teacher ratio on Negro schools is greatly in excess of that in white schools . (g) The amount of money spent per white pupil exceeds the amount of money spent per Negro pupil. (h) Negro school buses are grossly inadequate and over­ crowded. (i) The curriculum provided Negro children is inferior to that provided white children in white schools . No music or art courses are offered at the Negro schools. The Negro j schools have no bands, whereas all of the white schools have bands. No foreign language is taught at the Negro high school, whereas more than one language is offered at the white high school. (j) Negro children are forced to cross streets without guards , whereas white children are provided adult guards at school crossings. (h) Negro school teachers are paid less than white school teachers . Plaintiffs allege tha~ the above described practices violate plaintiffs' rights to equal protection and due process of law guaranteed by the Fourteenth Amendment to the United States Constitution . X T~ de£endants' polic~es, practices, customs and usages of racial segregation and discrimination herein detailed are manifestations of a State policy to maintain r~cial segregation in the public schools, which policy is amply reflected in the constitution and statutes of the State of Mississippi requiring segregation or aiding in the maintenance of segregation. XI Plaintiffs have not sought to utilize the provisions of the State Pupil Assignment Act as adopted in 1954, Mississippi Code Annotated, Sections 6334-ol to 6334-07, and submit that the exhaustion of remedies under this act would prove futile and inadequate, in view of the State polici es illustrated by the State statutes in continuing segregation of the schools by defendants in the face of federal law established by the United States Supreme Court in Brown v. Board of Education, to provide the relief which plaintiffs seek here. XII Plaintiffs, and members of the class which they represent, are irreparably injured by the refusal of defendants to cease - 6 - ' ' ~ operation of a compulsory biracial school system in Grenada, Grenada _County, Mississippi, which violates rights of the plaintiffs and their class which are secured by the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution. Plaintiffs and their class are injured by the policy of assigning teachers, principals and other professional school personnel on the basis of the race and color of the children attending a particular school and the race and color of the person to be assigned. The injury which plaintiffs and members of their class suffer as a result of the operation of a compulsory biracial school system is irreparable, and shall continue to irreparably injure plaintiffs and members of their class until enjoined by this court. Any other r elief to which plaintiffs and members of their class could be remitted would be attended by such uncertainties and delays as to deny substantial relief, would involve a multiplicity of suits, cause further irreparable injuries and occasion damage, vexation1 and inconvenience, not only to plaintiffs and those similarly situated, but to defendants as public officials. WHEREFORE, plaintiffs r espectfully pray that this court advance this cause on the docket and order a speedy hearing of this action according to law and, after such hearing, enter a decree enjoining defendants, their agents, employees , successors and all persons in active concert and participation with them from refusing to admit plaintiffs and all members of their cl ass to the nearest white school they are e ligible to attend no l ater than September, 1966; and further enjoin de f endants from : (a) Operating a compulsory birac i a l schoo l system in Grenada , Grenada County, Missi ssippi . (b) Continuing to mai ntain a dual scheme and/or pattern of school zone- lines or attendance ·areas based on race and col or . -7-