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Case Name Everett v. Pitt County Board of Education SD-NC-0005
Docket / Court 6:69-CV-702-H ( E.D.N.C. )
Additional Docket(s) Civ. No. 569  [ 65-569 ]
State/Territory North Carolina
Case Type(s) School Desegregation
Attorney Organization NAACP Legal Defense Fund
Case Summary
School desegregation in Pitt County, North Carolina involved intertwined lawsuits spanning 40 years and, until recently, a period of dormancy.

Prior to 1986, Pitt County contained two separate school districts, Pitt County and Greenville City. In January 1965, in the Teel case, a ... read more >
School desegregation in Pitt County, North Carolina involved intertwined lawsuits spanning 40 years and, until recently, a period of dormancy.

Prior to 1986, Pitt County contained two separate school districts, Pitt County and Greenville City. In January 1965, in the Teel case, a group of plaintiffs brought a school desegregation lawsuit in the U.S. District Court for the Eastern District of North Carolina. The plaintiffs, African-American minor school children by and through their parents, sued the defendant Pitt County Board of Education to enjoin the operation of a segregated school system. Teel v. Pitt County Board of Education, 272 F.Supp. 703 (Civ. No. 569, E.D.N.C. Aug. 4, 1967). In November 1969, in the Edwards case, a group of plaintiffs brought a separate but similar action to enjoin the defendant Greenville City school board from operating a segregated school district. (No. 69-cv-702, E.D. N.C.) In both lawsuits, the district court entered injunctions against the Boards and worked with the parties on school desegregation plans, largely based on freedom of choice. The district court monitored the progress of both plans until 1972 when it concluded the Board was taking the appropriate steps and thus the court's active involvement in the case was no longer needed. After this decision, the cases remained administratively closed (though always subject to re-opening) for 35 years.

In the meantime, as noted, in 1986, the two districts merged. In 2006-07, the Board adopted a new student assignment plan for Greenville that explicitly considered students' race in school assignment. An association of (white) parents challenged the use of race, filing a complaint with the U.S. Department of Justice's Office of Civil Rights. The Board changed its assignment policy, adding other factors like socioeconomic status. As part of settling the complaint, the parties sought a ruling from the district court as to whether the desegregation orders from Teel and Edwards authorized the Board to consider race. The Board also sought to have the district court approve its new 2006-07 plan. In 2008, the district court reopened the case and re-captioned it Everett v. Pitt County Board of Education. After court-ordered negotiations, the parties reached a settlement on the plan, which was approved in November 2009. The following year, the Board began developing a student assignment plan for 2011-12, working with North Carolina Statue University. A group of parents with children in the district and an association called the Pitt County Coalition for Educating Black Children sought to enjoin the implementation of the plan. Initially denied, the plaintiffs appealed to the Fourth Circuit, which vacated the district court's decision. On remand, the Board moved for unitary status. After a five-day bench trial, the district court granted the motion for unitary status on September 25, 2013. It concluded that even prior to the 1986 merger, both school districts were unitary with respect to student assignment, and after the merger, the consolidated district achieved unitary status in the remaining areas. Everett v. Pitt County Board of Education, 2013 WL 12176624 (E.D.N.C. Sept. 25, 2013). On June 3, 2015, the Fourth Circuit affirmed. Everett v. Pitt County Board of Education, 788 F.3d 132 (4th Cir. June 3, 2015)

Available Opinions
Teel v. Pitt County Board of Education, 272 F.Supp. 703 (E.D.N.C. Aug. 4, 1967)
Everett v. Juvenile Female 1, No. 6:69-CV-702-H, 2011 WL 3606539 (E.D.N.C. Aug. 16, 2011)
Everett v. Pitt County Board of Education, 678 F.3d 281 (4th Cir. May 7, 2012)
Everett v. Pitt County Board of Education, 2013 WL 12176624 (E.D.N.C. Sept. 25, 2013)
Everett v. Pitt County Board of Education, 788 F.3d 132 (4th Cir. June 3, 2015) (upholding district court’s finding of unitary status)

Greg Margolis - 03/03/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Busing
Discrimination Prohibition
Monitoring
Preliminary relief granted
Reporting
Student assignment
Defendant-type
Elementary/Secondary School
Discrimination-basis
Race discrimination
General
Disparate Treatment
Education
Racial segregation
School/University Facilities
Plaintiff Type
Private Plaintiff
Race
Black
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Greenville City Board of Education
Pitt County
Plaintiff Description Consolidated case from two previously separate school districts, Pitt County and Greenville city. Plaintiffs in each were African-American minor school children by and through their parents. When the litigation was re-opened in 2008, two parents groups also got involved in the litigation.
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1965 - 2013
Filing Year 1965
Case Closing Year 2013
Case Ongoing No
Docket(s)
69-72 (E.D.N.C.)
SD-NC-0005-9000.pdf | Detail
Date: 03/09/1972
Source: PACER [Public Access to Court Electronic Records]
6:69-cv-00702-H (E.D.N.C.)
SD-NC-0005-9001.pdf | Detail
Date: 06/25/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
[Order] (272 F.Supp. 703) (E.D.N.C.)
SD-NC-0005-0005.pdf | WESTLAW| LEXIS | Detail
Date: 08/04/1967
Source: Westlaw
Order (E.D.N.C.)
SD-NC-0005-0001.pdf | Detail
Date: 11/04/2009
Source: Pro Publica
Order [ECF# 93] (2011 WL 3606539) (E.D.N.C.)
SD-NC-0005-0006.pdf | WESTLAW | Detail
Date: 08/16/2011
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 34] (678 F.3d 281)
SD-NC-0005-0007.pdf | WESTLAW| LEXIS | Detail
Date: 05/07/2012
Source: PACER [Public Access to Court Electronic Records]
Defendant's Reply to Plaintiff's Response to Motion for Declaration of Unitary Status
SD-NC-0005-0002.pdf | Detail
Date: 08/13/2012
Source: Pro Publica
Report of Plaintiff's Intervenors on Behalf of Greenville Parents Association
SD-NC-0005-0003.pdf | Detail
Date: 10/19/2012
Source: Pro Publica
Order [ECF# 165] (2013 WL 12176624) (E.D.N.C.)
SD-NC-0005-0004.pdf | WESTLAW | Detail
Date: 09/25/2013
Source: PACER [Public Access to Court Electronic Records]
[Order] [Ct. of App. ECF# 35] (788 F.3d 132)
SD-NC-0005-0008.pdf | WESTLAW| LEXIS | Detail
Date: 06/03/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Diaz, Albert (Fourth Circuit)
SD-NC-0005-0007 | SD-NC-0005-0008
Howard, Malcolm Jones (FISC, E.D.N.C.)
SD-NC-0005-0001 | SD-NC-0005-0004 | SD-NC-0005-0006 | SD-NC-0005-9001
Larkins, John Davis Jr. (E.D.N.C.)
SD-NC-0005-0005 | SD-NC-0005-9000
Niemeyer, Paul Victor (Fourth Circuit, D. Md.)
SD-NC-0005-0007 | SD-NC-0005-0008
Wynn, James Andrew Jr. (Fourth Circuit)
SD-NC-0005-0007 | SD-NC-0005-0008
Plaintiff's Lawyers Chambers, Julius LeVonne (New York)
SD-NC-0005-9001
Dorosin, Mark (North Carolina)
SD-NC-0005-9001
Graham, Laurence S. (North Carolina)
SD-NC-0005-9000
Haddix, Elizabeth (North Carolina)
SD-NC-0005-9001
Jones, Benita Nicole (North Carolina)
SD-NC-0005-9001
McLawhorn, Charles L (North Carolina)
SD-NC-0005-0003 | SD-NC-0005-9001
Osment, Susan Ashley (North Carolina)
SD-NC-0005-9001
Paul, Jerry (North Carolina)
SD-NC-0005-9000
Pearson, Conrad O. (North Carolina)
SD-NC-0005-9000
Qureshi, Taiyyaba (North Carolina)
SD-NC-0005-9001
Simpson, William G. Jr. (North Carolina)
SD-NC-0005-9001
Wells, John Warner II (North Carolina)
SD-NC-0005-9001
Defendant's Lawyers Allen, Curtis H. III (North Carolina)
SD-NC-0005-9001
Brewer, William C. Jr. (North Carolina)
SD-NC-0005-9000
DuBuisson, Eva (North Carolina)
SD-NC-0005-9001
Soo, Kenneth A. (North Carolina)
SD-NC-0005-9001
Speight, W. W. (North Carolina)
SD-NC-0005-9000
Stagner, Deborah R. (North Carolina)
SD-NC-0005-0002 | SD-NC-0005-9001

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