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.