Filed Date: 1969
Closed Date: 1973
Clearinghouse coding complete
In 1969, pro se plaintiff J. Alston Atkins brought this lawsuit in the U.S. District Court for the Middle District of North Carolina against the State Board of Education of North Carolina, the Winston-Salem/Forsyth County Board of Education, and others to require the State and County Boards of Education to provide a racially integrated unitary school system. The suit was initially dismissed in district court because of issues with standing: Mr Atkins argued that he had standing to bring this action because he was a taxpayer, the grandparent of children attending public schools, and an African-American. After the district court found Atkins had no standing, the parents of his grandchildren, the Allens, intervened in the suit. The Fourth Circuit then vacated the judgment and permitted the district court to either substitute the Allens as plaintiffs or consolidate the case with similar actions brought by other plaintiffs. Atkins v. State Bd. of Educ. of N.C., 418 F.2d 874 (4th Cir. 1969).
Once the Allens were substituted as plaintiffs, the district court considered the substance of the complaint. Plaintiffs sought, among other relief, to restrain the issuance and sale of school bonds, arguing they would be used to promote a segregated school system. The district court granted partial summary judgment in favor of the defendants, holding that “any present or future controversy over the expenditure of the proceeds of the school bond issue does not affect their validity, the right of the county to issue them, or its obligation to pay the principal and interest as they become due.” Allen v. State Bd. of Educ. of N.C., 447 F.2d 960 (4th Cir. 1971). The Fourth Circuit affirmed this decision and suggested that when the matter is returned to district court, it be consolidated with Scott v. Winston-Salem/Forsyth County Board of Education, because the plaintiffs had become more receptive to consolidation.
In April 1972, Chief Judge Gordon of the Middle District of North Carolina dismissed this case for failure to state a claim. In the intervening time between the partial summary judgment decision and this dismissal, the Winston-Salem/Forsyth County Board of Education was ordered to desegregate its school system in the Scott decision. The Middle District had approved the school district’s plan, which it found “fully and completely eliminated [its] segregated dual system,” The court noted that, while there may be aesthetic differences across schools, there was at that time no correlation between a school’s aesthetic and the race of students attending those schools. The Fourth Circuit affirmed this decision, and the U.S. Supreme Court denied certiorari.
This case is closed.
Available Opinions
Atkins v. State Bd. of Educ. of N.C., 418 F.2d 874 (4th Cir. 1969) (vacating the district court finding of no standing and remanding to district court for substitution of the Allens as plaintiffs).
Allen v. State Bd. of Educ. of N.C. , 447 F.2d 960 (4th Cir. 1971) (affirming partial summary judgment of district court and remanding for consideration of consolidation with Scott v. Winston-Salem/Forsyth County Board of Education).
Allen v. State Bd. of Educ. of N. C. , 55 F.R.D. 350 (M.D.N.C. 1972), aff’d, 473 F.2d 906 (4th Cir. 1973)
Summary Authors
Bryce Freeman (2/4/2018)
Scott v. Winston-Salem/Forsyth Cty. Bd. of Educ., Middle District of North Carolina (1968)
Butzner, John Decker Jr. (Virginia)
Craven, James Braxton Jr. (Virginia)
Gordon, Eugene Andrew (North Carolina)
Haynsworth, Clement Furman Jr. (South Carolina)
Russell, Donald Stuart (South Carolina)
Butzner, John Decker Jr. (Virginia)
Craven, James Braxton Jr. (Virginia)
Gordon, Eugene Andrew (North Carolina)
Haynsworth, Clement Furman Jr. (South Carolina)
Russell, Donald Stuart (South Carolina)
Winter, Harrison Lee (Maryland)
Last updated Feb. 14, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: North Carolina
Case Type(s):
Key Dates
Filing Date: 1969
Closing Date: 1973
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Parents of an African-American student in the Winston-Salem/Forsyth County School District.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State Board of Education, State
Winston-Salem/Forsyth County Board of Education (Winston-Salem, Forsyth), School District
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Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
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Race:
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