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Case Name Clayton v. Person County Board of Education SD-NC-0013
Docket / Court C-167-D-64 ( M.D. N.C. )
State/Territory North Carolina
Case Type(s) School Desegregation
Attorney Organization NAACP Legal Defense Fund
Case Summary
On October 5, 1964, the plaintiffs brought this school desegregation suit in the U.S. District Court for the Middle District of North Carolina. The plaintiffs, African-American minor school children by and through their parents, sued the defendant Person County Board of Education to enjoin the ... read more >
On October 5, 1964, the plaintiffs brought this school desegregation suit in the U.S. District Court for the Middle District of North Carolina. The plaintiffs, African-American minor school children by and through their parents, sued the defendant Person County Board of Education to enjoin the operation of a segregated school system. They were represented by, among others, Jack Greenberg and Derrick A. Bell, for the NAACP Legal Defense Fund.

The district court (Judge Edwin Stanley) denied several early motions for preliminary injunctions but on November 19, 1964 ordered the Board to grant plaintiffs' request to attend formerly all-white schools in the district. Then, on April 29, 1966, he entered a consent decree, under which, among other things, the Board agreed to assign teachers and personnel to schools without regard to race. Judge Stanley also directed the Board to file a more comprehensive desegregation plan, which it did on February 7, 1968. After further back and forth, the district court approved the plan with modifications on August 27, 1968. There were additional modifications in the Board's plan through 1969.

The last entry on the docket (the only available document in the case) was made June 25, 1973; it states that the case had been dormant for, at that point, a year, with all previous plans having been implemented. The court noted that there was "no further reason at this time to maintain the file as an open one for statistical purposes." However, it explained that "Nothing contained in this minute entry shall be considered a dismissal or disposition of this matter, and, should further proceedings in it become necessary or desirable, any
party may initiate it in the same manner as if this minute entry had not been entered."

According to ProPublica, as of 2014, the case remains open, though (obviously) dormant.

Greg Margolis - 02/28/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Discrimination Prohibition
Preliminary relief denied
Reporting
Student assignment
Defendant-type
Elementary/Secondary School
Discrimination-basis
Race discrimination
General
Disparate Treatment
Education
Racial segregation
Plaintiff Type
Private Plaintiff
Race
Black
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Person County
Plaintiff Description African-American minor school children by and through their parents
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1964 - n/a
Case Ongoing Perhaps, but long-dormant
Docket(s)
C-167-D-64 (M.D. N.C.)
SD-NC-0013-9000.pdf | Detail
Date: 06/25/1973
Source: Pro Publica
General Documents
No documents currently in the collection
Plaintiff's Lawyers Chambers, Julius LeVonne (New York)
SD-NC-0013-9000
Clayton, Theaosesus (North Carolina)
SD-NC-0013-9000
Greenberg, Jack (New York)
SD-NC-0013-9000
Pearson, C. O. (North Carolina)
SD-NC-0013-9000
Defendant's Lawyers Long, Richard (North Carolina)
SD-NC-0013-9000
Spears, Marshall T. (North Carolina)
SD-NC-0013-9000

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