Filed Date: 1966
Case Ongoing
Clearinghouse coding complete
In this early school desegregation matter, the judges of the U.S. District Court for the Southern District of Mississippi decided to address certain issues together, sitting en banc. They decided twenty-five school desegregation cases together, holding that freedom of choice plans were acceptable to desegregate public schools. On appeal, the Fifth Circuit held in United States v. Hinds County School Board that freedom of choice plans were not an appropriate method to desegregate the schools because no white students had ever attended any of the traditionally black schools in the districts and every school district included in the appeal continued to maintain all-black schools. The cases were remanded to the district court and schools were ordered to establish new desegregation plans that used methods other than the freedom of choice plans. 417 F.2d 852 (5th Cir. 1969) (per curiam).
The cases returned to the Fifth Circuit, with five more cases added to the appeal, after the Supreme Court’s decision in Alexander v. Holmes County Board of Education. In Alexander, the Supreme Court held that “school districts . . . may no longer operate a dual school system based on race or color” and they had to “begin immediately to operate as unitary school systems within which no person is to be effectively excluded from any school because of race or color.” The Supreme Court remanded cases back to the Fifth Circuit to ensure school districts complied with its order in Alexander. 396 U.S. 19 (1969).
The Fifth Circuit ordered that permanent school desegregation plans from the U.S. Department of Health, Education, and Welfare (HEW) were to be immediately enforced. Some of the school districts’ plans were modified by the Fifth Circuit. 423 F.2d 1264 (5th Cir. 1969) (per curiam).
In unavailable district court opinions, the district court modified the desegregation plans. The Fifth Circuit reviewed the plans on appeal and also modified/adopted updated desegregation plans.
Throughout the 1970s, 1980s, 1990s, and 2000s, many of the school districts submitted annual reports to the court. Some of the school districts remain under court monitoring as of May 2017, while others have achieved unitary status and the desegregation orders have been dismissed.
Available Opinions
United States v. Hinds Cty. Sch. Bd., 417 F.2d 852 (5th Cir. 1969) (per curiam), cert. denied, 396 U.S. 1032 (1970).
United States v. Hinds Cty. Sch. Bd., 423 F.2d 1264 (5th Cir. 1969) (per curiam).
United States v. Hinds Cty. Sch. Bd., 433 F.2d 598 (5th Cir. 1970) (per curiam).
United States v. Hinds Cty. Sch. Bd., 433 F.2d 602 (5th Cir. 1970) (per curiam).
United States v. Hinds Cty. Sch. Bd., 433 F.2d 605 (5th Cir. 1970) (per curiam).
United States v. Hinds Cty. Sch. Bd., 433 F.2d 611 (5th Cir. 1970) (per curiam).
United States v. Hinds Cty. Sch. Bd., 433 F.2d 619 (5th Cir. 1970) (per curiam).
United States v. Hinds Cty. Sch. Bd., 433 F.2d 622 (5th Cir. 1970) (per curiam).
United States v. Hinds Cty. Sch. Bd., 516 F.2d 974 (5th Cir. 1975) (per curiam).
Summary Authors
Amelia Huckins (5/14/2017)
United States v. Covington County School District, Southern District of Mississippi (1966)
United States of America v. Franklin County School District, Southern District of Mississippi (1968)
US vs. Lincoln County School District, Southern District of Mississippi (1968)
United States of America v. Lawrence County School, Southern District of Mississippi (1967)
Harris v. Yazoo County Board of Education, Southern District of Mississippi (1967)
United States v. Amite County School District, Southern District of Mississippi (1966)
U.S. v. Hinds County School District, Southern District of Mississippi (1976)
Hudson v. Leake County School District, Southern District of Mississippi (1963)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8126494/parties/united-states-v-peairs/
Bell, Griffin Boyette (Georgia)
Banks, Fred L. Jr. (Mississippi)
Adams, Holmes S. (Mississippi)
Alford, Herman (Pennsylvania)
Allain, William A. (Mississippi)
Bell, Griffin Boyette (Georgia)
Brown, John Robert (Louisiana)
Cox, William Harold (Mississippi)
Jordan, Daniel Porter (Mississippi)
Keady, William Colbert (Mississippi)
Lee, Tom Stewart (Mississippi)
Morgan, Lewis Render (Georgia)
Nixon, Walter Louis Jr. (Mississippi)
Ozerden, Halil Suleyman (Mississippi)
Russell, Dan Monroe Jr. (Mississippi)
Thornberry, William Homer (Texas)
Banks, Fred L. Jr. (Mississippi)
Breen-Portnoy, Ceala (Mississippi)
Doar, John (District of Columbia)
Dougherty , Burtis M. (District of Columbia)
Gov, Mitzi Dease (Mississippi)
Gov, Dwayne Julian (Mississippi)
Gov, Natane Singleton-Federal (Mississippi)
Gov, Aria Vaughan-Federal (Mississippi)
Gov, Jonathan Damian (Mississippi)
Gov, Ceala Breen-Portnoy-Federal (Mississippi)
Hauberg, Robert E. Jr. (Mississippi)
Katzenbach, Nicholas de B. (District of Columbia)
Owen, D. Robert (District of Columbia)
PHV, Kristen Adrina (Mississippi)
PHV, Leticia Smith-Evans (Mississippi)
PHV, Nina Monfredo (Mississippi)
PHV, Brenda Shum (Mississippi)
PHV, Seth Packrone (Mississippi)
PHV, John Spencer (Mississippi)
PHV, Louis William (Mississippi)
PHV, Natasha Merle (Mississippi)
PHV, Victorien Zai-Xin (Mississippi)
PHV, Alexis Johara (Mississippi)
Adams, Holmes S. (Mississippi)
Allain, William A. (Mississippi)
Compton, John G. (Mississippi)
Copeland, Charles Greg (Mississippi)
Hooks, John Simeon (Mississippi)
Malta, F. Gregory (Mississippi)
Maron, Elizabeth Lee (Mississippi)
Sweat, Justin Wade (Mississippi)
Trotter, John Jeffrey (Mississippi)
Watkins, Thomas H. (Mississippi)
See docket on RECAP: https://www.courtlistener.com/docket/8126494/united-states-v-peairs/
Last updated Oct. 19, 2025, 9:15 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: 1966
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiffs were private citizens residing in towns across the Southern District of Mississippi and the United States Department of Justice.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Hinds County School Board (Raymond, Hinds), School District
Kemper County School Board (DeKalb, Kemper), School District
North Pike Consolidated School District (Summit, Pike), School District
Natchez Special Municipal Separate School District (Natchez, Adams), School District
Marion County School District (Columbia, Marion), School District
Canton Municipal School District (Canton, Madison), School District
South Pike Consolidated School District (Magnolia, Pike), School District
Holmes County Board of Education (Lexington, Holmes), School District
Yazoo County Board of Education (Yazoo City, Yazoo), School District
Meridian Separate School District (Meridian, Lauderdale), School District
Neshoba County School District (Philadelphia, Neshoba), School District
Noxubee County School District (Macon, Noxubee), School District
Lauderdale County School District (Meridian, Lauderdale), School District
Leake County School Board (Carthage, Leake), School District
Columbia Municipal Separate School (Columbia, Marion), School District
Amite County School District (Liberty, Amite), School District
Covington County School District (Collins, Covington), School District
Lawrence County School District (Monticello, Lawrence), School District
Issaquena County Board of Education (Mayersville, Issaquena), School District
Wilkinson County School District (Woodville, Wilkinson), School District
Enterprise Consolidated School District (Enterprise, Clarke), School District
Lincoln County School District (Brookhaven, Lincoln), School District
Philadelphia Municipal Separate School District (Philadelphia, Neshoba), School District
Franklin County School District (Meadville, Franklin), School District
Anguilla Line School District (Anguilla, Sharkey), School District
Holly Bluff Schools (Holly Bluff, Yazoo), School District
Quitman School District (Quitman, Clarke), School District
Forrest County School District (Hattiesburg, Forrest), School District
Madison County School District (Ridgeland, Madison), School District
South Delta School District (Rolling Fork, Sharkey), School District
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
Southern District of Mississippi 04075
Southern District of Mississippi 02034
Southern District of Mississippi 2:05-cv-01373
Southern District of Mississippi 03807
Southern District of Mississippi 01120
Southern District of Mississippi 2:05-cv-02178
Southern District of Mississippi 3:65-cv-03700
Southern District of Mississippi 03984
Southern District of Mississippi 03779
Southern District of Mississippi 5:67-cv-01209
Southern District of Mississippi 4:65-cv-01300
Southern District of Mississippi 1:08-cv-01396
Southern District of Mississippi 3:03-cv-01372
Southern District of Mississippi 2:05-cv-01367
Southern District of Mississippi 3:63-cv-03382
Southern District of Mississippi 02199
Southern District of Mississippi 03983
Southern District of Mississippi 2:05-cv-02148
Southern District of Mississippi 2:67-cv-02216
Southern District of Mississippi 1:07-cv-01096
Southern District of Mississippi 01160
Southern District of Mississippi 1:08-cv-01302
Southern District of Mississippi 04294
Southern District of Mississippi 3:03-cv-01368
U.S. Court of Appeals for the Fifth Circuit 28030
U.S. Court of Appeals for the Fifth Circuit 28042
Southern District of Mississippi 3:68-cv-04294
Southern District of Mississippi 3:68-cv-04256
Southern District of Mississippi 3:61-cv-03983
Available Documents:
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Develop anti-discrimination policy
Other requirements regarding hiring, promotion, retention
Issues
General/Misc.:
Staff (number, training, qualifications, wages)
Discrimination Area:
Discrimination Basis:
Affected Race(s):