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Jeremiah Taylor v. Ouachita Parish School Board v. Jimmy Andrews, Monroe City School Board, United States of America, Plaintiff-Intervenor-Appellant

Citations: 648 F.2d 959; 8 Fed. R. Serv. 846; 1981 U.S. App. LEXIS 12400Docket: 80-3549, 80-3614

Court: Court of Appeals for the Fifth Circuit; June 11, 1981; Federal Appellate Court

Narrative Opinion Summary

This case involves appeals from the United States and the Monroe City School Board against district court orders related to the desegregation of public schools in Ouachita Parish, Louisiana. The district court denied a motion for an interdistrict remedial order that was supported by the Monroe City School Board and approved the construction of three new schools requested by the Ouachita Parish School Board. The appellate court affirmed the district court's denial of interdistrict relief, finding no significant interdistrict violations requiring such remedies under Milliken v. Bradley, and dismissed the city board's challenge to the new school construction due to lack of standing. The proceedings consolidated cases from the 1960s addressing segregation in Monroe and Ouachita Parish. Despite recognizing a limited interdistrict violation due to overlapping attendance zones, the court found no evidence of discriminatory intent necessary for broader remedies. The exclusion of expert testimony was upheld due to the expert's unfamiliarity with local conditions. Ultimately, the appellate court upheld the district court's orders, emphasizing the separate identities and operations of the Monroe and Ouachita Parish school systems, and denied the city board's request for attorneys' fees and costs.

Legal Issues Addressed

Application of Milliken v. Bradley

Application: The court applied Milliken v. Bradley to determine that no interdistrict remedy was warranted due to lack of evidence of interdistrict violations.

Reasoning: Judicial consideration for cross-district desegregation remedies is guided by the precedent set in Milliken v. Bradley, which requires demonstrating a constitutional violation within one district that significantly affects segregation in another.

Constitutional Violation and Intent

Application: The court found no evidence of discriminatory intent necessary to establish a constitutional violation under Milliken.

Reasoning: Merely demonstrating a segregative effect is insufficient; a constitutional violation necessitates proof of discriminatory intent.

Construction of New School Facilities

Application: The district court approved the construction of three new schools, which the city school board contested, but the appellate court dismissed the board's challenge.

Reasoning: The district court approved the construction of three new parish school facilities, pending resolution of a government motion for an interdistrict desegregation order.

Denial of Interdistrict Remedial Order

Application: The district court denied the government's motion for an interdistrict remedial order as it did not find sufficient evidence of interdistrict violations under Milliken v. Bradley.

Reasoning: The appellate court affirmed the district court's denial of interdistrict relief and dismissed the city board's challenge regarding the new school construction.

Expert Testimony in Desegregation Cases

Application: The district court excluded expert testimony for lack of local familiarity, a decision upheld by the appellate court due to discretion under the Federal Rules of Evidence.

Reasoning: The refusal to accept expert testimony from Dr. Diana May Pearce was contested by the government and the city school board.

Standing to Appeal

Application: The city board's appeal regarding the construction of new schools was dismissed due to lack of standing, as the city was not a party to the specific action.

Reasoning: Under established law, only parties or those privy to the record have standing to appeal.