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Lee v. Alexander City Board of Education

United States District Court, M.D. Alabama
Apr 8, 2004
CIVIL ACTION NO. 3:70cv850-T (M.D. Ala. Apr. 8, 2004)

Opinion

CIVIL ACTION NO. 3:70cv850-T

April 8, 2004

Dennis D. Parker, NAACP Legal Defense Fund, Suite, New York, NY, for Anthony T. Lee, et al., United States of America

Ernestine S. Sapp, Gray Langford Sapp McGowan Gray Nathanson, Tuskegee, AL, for Plaintiff

Fred (Sr.) D. Gray, Gray Langford Sapp McGowan Gray Nathanson Tuskegee, AL, for Plaintiff

Gloria J. Browne-Marshall, NAACP Legal Defense Fund, Suite, New York, NY, for Plaintiff

Kenneth Lamar Thomas, Thomas Means Gillis Seay PC, Montgomery, AL, for Plaintiff

Mark Englehart, Beasley Allen Crown Methvin Portis Miles PC, Montgomery, AL, for Plaintiff Norman J. Chachkin, NAACP Legal Defense Educ'l Fund, Inc., New York, NY, for Plaintiff

Solomon S. Seay, Jr., Solomon S. Seay, Jr., P.C. Montgomery, AL, for Plaintiff

Valerie LaShawn Acoff, Thomas Means Gillis Seay PC, Birmingham, AL, for Plaintiff

Redding Pitt, Farris, Riley Pitt, LLP, North, Suite, Birmingham, AL, for Intervenor Plaintiff USA

Jeremiah Glassman, Washington, DC, for Intervenor Plaintiff

John R. Moore, Washington, DC, for Intervenor Plaintiff

Kathleen S. Devine, NW, Washington, DC, for Intervenor Plaintiff

Kathryn Woodruff, Washington, DC, for Intervenor Plaintiff

Kenneth Mines, Washington, DC, for Intervenor Plaintiff

Kenneth E. Vines, Montgomery, AL, for Intervenor Plaintiff

Pauline A. Miller, NW, Washington, DC, for Intervenor Plaintiff

Ross E. Wiener, Washington, DC, for Intervenor Plaintiff

William Larkin Radney, III, Barnes Radney, Alexander City, AL, for Alexander City Board of Education, Paul W. Fanning, Ed.D., Superintendent of Alexander City Board of Education

Anita L. Kelly, Montgomery, AL, for State of Alabama Board of Education, and Individual Members of the State Board, Ed Richardson, Dr., Superintendent of the State Board of Education

Gregory M. Biggs, Montgomery, AL, for Defendant

Michael R. White, Suite, Montgomery, AL, for Defendant

Reginald L. Sorrells, Montgomery, AL, for Defendant

Champ Lyons, Jr., Point Clear, AL, for Don Seigleman, Governor as President ex-officio of the State Board of Education

Edward A. Hosp, Maynard Cooper Gale, PC, Suite, Montgomery, AL, for Defendant

Gloria J. Browne-Marshall, NAACP Legal Defense Fund, Suite, New York, NY, for Defendants

John R. Moore, Washington, DC, for Defendants

Kathleen S. Devine, NW, Washington, DC, for Defendants

Kenneth Mines, Washington, DC, for Defendants

Kenneth E. Vines, Montgomery, AL, for Defendants

Pauline A. Miller, NW, Washington, DC, for Defendants

Ross E. Wiener, Washington, DC, for Defendants


OPINION


By order dated September 12, 2002, this court declared the Alexander City School System to be "unitary in all respects except for hiring and promotion of higher level administrators." Lee v. Alexander City Bd. of Educ., 2002 WL 31102679, *12 (M.D. Ala. 2002). The court wrote:

"Since the desegregation of the Alexander City School System was ordered in 1970, there has never been a black principal at any district school, nor has more than one black administrator ever been employed at one time in the central office. The court concludes that the board has failed to demonstrate that it has removed this vestige of the prior dual system or that there were not practicable means within its control to eliminate it."
Id. at *11.

The Alexander City Board of Education, its members, and the Superintendent of Education filed a motion for declaration of unitary status as to the hiring and promotion on April 1, 2004. All parties informed the court during an on-the-record conference on April 7, 2004, that the school system has adequately redressed this serious concern, and they all now agree that the April 1 unitary-status motion should be granted.

An appropriate judgment will therefore be entered.

JUDGMENT

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows:

(1) The motion for declaration of unitary status filed by the Alexander City Board of Education, its members, and the Superintendent of Education on April 1, 2004 (doc. no. 192), is granted in all respects.

(2) The Alexander City School System is DECLARED to be unitary in all respects.

(3) All outstanding orders and injunctions are dissolved as to defendants Alexander City Board of Education, its members, and the Superintendent of Education.

It is further ORDERED that the state defendants (the Alabama State Board of Education, its members, the State Superintendent of Education, and the Governor of Alabama) are not dismissed and that the orders dealing with the state-wide "special education" and "facilities" issues are not dissolved.

It is further ORDERED that the remaining local-issues status conferences are cancelled.

The clerk of this court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.


Summaries of

Lee v. Alexander City Board of Education

United States District Court, M.D. Alabama
Apr 8, 2004
CIVIL ACTION NO. 3:70cv850-T (M.D. Ala. Apr. 8, 2004)
Case details for

Lee v. Alexander City Board of Education

Case Details

Full title:ANTHONY T. LEE, et al., Plaintiffs, UNITED STATES OF AMERICA…

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

Date published: Apr 8, 2004

Citations

CIVIL ACTION NO. 3:70cv850-T (M.D. Ala. Apr. 8, 2004)