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).

Amelia Huckins - 05/14/2017


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