From Casetext: Smarter Legal Research

Smith v. St. Tammany Parish School Board

United States Court of Appeals, Fifth Circuit
Jun 1, 1971
448 F.2d 414 (5th Cir. 1971)

Summary

In Smith v. St. Tammany Parish School Bd., 448 F.2d 414 (5th Cir. 1971), the Fifth Circuit upheld an order banning "symbols or indicia expressing the school board's or its employee's desire to maintain segregated schools..."

Summary of this case from N.A.A.C.P. v. Hunt

Opinion

No. 31014.

June 1, 1971.

Julian J. Rodrigue, Asst. Dist. Atty., 22nd Judicial Dist., Woodrow W. Erwin, Dist. Atty., Covington, La., Jack P.F. Gremillion, Atty. Gen. of La., for defendants-appellants.

George M. Strickler, Jr., Stanley A. Halpin, Jr., Nils R. Douglas, New Orleans, La., for plaintiff-appellee.

Gerald J. Gallinghouse, U.S. Atty., New Orleans, La., Jerris Leonard, Asst. Atty. Gen., Edward S. Christenbury, Brian K. Landsberg, Ben L. Krage, Attys., Dept. of Justice, Washington, D.C., for the United States.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.


The judgment of the trial court is affirmed.

In order to reach solutions for the differing problems incident to a specific school desegregation process district courts are necessarily granted broad powers to achieve these constitutional ends. Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716. We conclude that under the facts of this case the order, 316 F. Supp. 1174, banning symbols or indicia expressing the school board's or its employees' desire to maintain segregated schools and requiring that they "shall be removed from the schools and shall not be officially displayed" is fully warranted. So, too, do we find that the court properly directed the formation of a biracial committee, as previously recommended in an earlier order of the court. The order requiring the appointment of a black assistant principal for Covington High School, having a student body one-third black, is warranted in light of our earlier decision in Singleton v. Jackson Municipal Separate School District, 5 Cir., 419 F.2d 1211.

It appearing that no stay of the district court's order was applied for and that there has been no delay caused by this appeal, appellants' request for double costs and attorney's fees is not granted.


Summaries of

Smith v. St. Tammany Parish School Board

United States Court of Appeals, Fifth Circuit
Jun 1, 1971
448 F.2d 414 (5th Cir. 1971)

In Smith v. St. Tammany Parish School Bd., 448 F.2d 414 (5th Cir. 1971), the Fifth Circuit upheld an order banning "symbols or indicia expressing the school board's or its employee's desire to maintain segregated schools..."

Summary of this case from N.A.A.C.P. v. Hunt

In Smith v. St. Tammany Parish School Board, 448 F.2d 414 (5th Cir. 1971), we upheld a district court order banning official display of symbols "expressing the school board's or its employees' desire to maintain segregated schools," and requiring that the symbols be removed. 448 F.2d at 415.

Summary of this case from Augustus v. School Board
Case details for

Smith v. St. Tammany Parish School Board

Case Details

Full title:Thomas J. SMITH, Plaintiff-Appellee, United States of America…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 1, 1971

Citations

448 F.2d 414 (5th Cir. 1971)

Citing Cases

Augustus v. School Board

It is readily apparent that this case is unlike the single case in this Circuit which held that the presence…

N.A.A.C.P. v. Hunt

Yet it has never requested that the flag be brought down as part of the equitable relief requested in any of…