Cluster 313353

Except for the Native Americans whose ancestors were believed to have walked over the Bering Straits land bridge from Asia some twenty-five millennia ago (See Bradley v. Milliken, 484 F.2d 215, 274 (6th Cir.1973) (dissenting opinion), all of us trace our genealogy to overseas forebears who arrived here within the past few hundred years.

See, e.g., Morgan v. Kerrigan, 530 F.2d 401 , 410 & n. 10 (1st Cir.), cert. denied, 426 U.S. 935 , 96 S.Ct. 2648 , 49 L.Ed.2d 386 (1976); Bradley v. Milliken, 484 F.2d 215, 243 (6th Cir.), rev'd on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974); Kelley v. Guinn, 456 F.2d 100, 108-109 (9th Cir.1972), cert. denied, 413 U.S. 919 , 93 S.Ct. 3048 , 37 L.Ed.2d 1041 (1973).

I believe you testified in 1950 the optional area was entirely white or zero to 4.9 per cent white. * ^ sf: :}: # Jc “A. In my opinion this tends to increase the instability of the community because they generally feel this is an ad hoc temporary interim situation and it increases white flight in this sort of situation. 484 F.2d at 234.

There is ample authority for the proposition that state and local school officials may be ordered to raise or reallocate funds for the purpose of complying with desegregation decrees. 2 E. g., Bradley v. Milliken, 484 F.2d 215, 258 (6th Cir. 1973).

(Findings of Fact — March 28, 1972, 484 F.2d 215, 243-44 (1973.)) That inclusion of these three regions in a desegregation plan would produce only negligible desegregative results is inevitable because even excluding Regions I, V and VIII there are only 63,446 white students as compared to 103,007 black students.

Bradley v. Milliken, supra, 484 F.2d at 238-42.

Bradley v. Milliken, 484 F.2d 215, 238-41 (6th Cir. 1973) (en banc), rev'd on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974).

Bradley v. Milliken, 484 F.2d 215, 238-41 (6th Cir. 1973) (en banc), rev’d on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974).

Keyes v. School District No. 1, 413 U.S. at 201 [, 93 S.Ct. 2686 ;] Oliver v. Michigan State Board of Education, 508 F.2d at 184 ; Bradley v. Milliken, 484 F.2d 215, 221-36 (6th Cir. 1973), rev’d. on other grounds, 418 U.S. 717 [ 94 S.Ct. 3112 , 41 L.Ed.2d 1069 ] (1974); Davis v. School District, 443 F.2d 573, 576 (6th Cir. 1971); United States v. Board of School Commissioners, 474 F.2d 81, 85-86 (7th Cir. 1973).” The use of such transfer policies, boundary changes, and grad…

Keyes v. School District No. 1, 413 U.S. at 201 , 93 S.Ct. 2686 ; Oliver v. Michigan State Board of Education, 508 F.2d at 184 ; Bradley v. Milliken, 484 F.2d 215, 221-36 (6th Cir. 1973), rev'd on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974); Davis v. School District, 443 F.2d 573, 576 (6th Cir. 1971); United States v. Board of School Commissioners, 474 F.2d 81, 85-86 (7th Cir. 1973).

Keyes v. School District No. 1, 413 U.S. at 201 , 93 S.Ct. 2686 ; Oliver v. Michigan State Board of Education, 508 F.2d at 184 ; Bradley v. Milliken, 484 F.2d 215, 221-36 (6th Cir. 1973), rev’d on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974); Davis v. School District, 443 F.2d 573, 576 (6th Cir. 1971); United States v. Board of School Commissioners, 474 F.2d 81, 85-86 (7th Cir. 1973).

We said: The discriminatory practices on the part of the Detroit School Board and the State of Michigan revealed by this record are significant, pervasive and causally related to the substantial amount of segregation found in the Detroit school system by the District Judge. 484 F.2d at 241.

We said: 39 The discriminatory practices on the part of the Detroit School Board and the State of Michigan revealed by this record are significant, pervasive and causally related to the substantial amount of segregation found in the Detroit school system by the District Judge. 484 F.2d at 241. 40 The constitutional violations found to have been committed by the Detroit Board of Education are discussed in some detail at 484 F.2d 221 -38.

APPENDIX B Bradley, et al. v. Milliken, et al., 484 F.2d 215, 245-249 (1973).

Notable examples are: Davis v. School Dist. of Pontiac, 443 F.2d 573 (6th Cir. 1971), affirming 309 F.Supp. 734 (1970), cert. denied 402 U.S. 913 , 91 S.Ct. 1630 , 29 L.Ed.2d 128 (1971); Bradley v. Milliken, 484 F.2d 215, 238 (6th Cir. 1973), rev’d 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed. 1069 (1974).

Application of plaintiffs’ plan “would make the Detroit school system more identifiably Black, and leave many of its schools 75 to 90 per cent Black.” (Findings of Fact— March 28, 1972, 484 F.2d 215, 243-44 (1973.) ) 8 That inclusion of these three regions in a desegregation plan would produce only negligible desegregative results is inevitable because even excluding Regions I, V and VIII there are only 63,-446 white students as compared to 103,-007 black students.

Said order is modified to read as follows: 4 Plaintiffs having moved for an order requiring the purchase of transportation equipment, and the court having reviewed the briefs submitted by the parties and having considered the arguments of counsel and being fully advised in the premises: 5 It is, therefore, ordered, pursuant to Bradley v. Milliken, 484 F.2d 215, 258 (6th Cir. 1973), rev. on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974), that the Order f…

Cf., Bradley v. Milliken, 484 F.2d 215, 231 (6th Cir. 1973).

We commend the spirit of these public officials, but we find it hard to see why a federal district judge should superintend so vast a series of continuing enterprises and be in a position to interpose a remedy whenever he does not agree with the voluntary action undertaken by appropriate public bodies. 113 The Court could become involved in what would hardly be a "case or controversy" in the accepted constitutional sense, or even a proper exercise of continuing affirmative c…

The District Court acknowledged that impleader under F.R.Civ.P. 14(a) normally requires that the impleaded party be legally-liable to the main defendant, but found that the housing authorities, although not literally “liable to” the school authorities for all or part of the plaintiffs’ claim, were “partly ‘liable for’ the harm, in the sense that their actions help maintain segregated schools.” He relied in part on Bradley v. Milliken, 484 F.2d 215, 251 (6 Cir. 1973), which w…

Similarly, the state will not be held legally responsible if it has only occasionally committed segregative acts and these acts are of trivial importance and bear no significant relation to the modern situation. 19 Rather, the standard must be that the state and local agencies to a substantial degree contributed to the creation or maintenance of segregated schooling in Kalamazoo . . .. 20 Under Keyes, defendants must not only have caused the schools to be segregated, but mus…

In the Detroit school case, the Sixth Circuit denied applications for writs of mandamus or prohibition against the district judge for “failing to convene three judge courts ... in spite of the fact that . . . [certain school] Districts were not parties to the desegregation proceedings and had not been found to have committed any act of de jure segregation.” Bradley v. Milliken, 484 F.2d 215, 217-218 (6th Cir. 1973).

Ex parte Virginia, 100 U.S. 339 , 25 L.Ed. 676 (1880); Brown v. Board of Education, 349 U.S. 294, 300-301 , 75 S.Ct. 753 , 99 L.Ed. 1083 (1954); Swann v. Board of Education, 402 U.S. 1, 27 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971); Griffin v. County Board, 377 U.S. 218 , 84 S.Ct. 1226 , 12 L.Ed.2d 256 (1964); Bradley v. Milliken, 484 F.2d 215, 250 (6th Cir. 1973); Haney v. County Board, 410 F.2d 920 (8th Cir. 1969).

Ex parte Virginia, 100 U.S. 339 , 25 L.Ed. 676 (1880); Brown v. Board of Education, 349 U.S. 294, 300-301 , 75 S.Ct. 753 , 99 L.Ed. 1083 (1954); Swann v. Board of Education, 402 U.S. 1, 27 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 (1971); Griffin v. County Board, 377 U.S. 218 , 84 S.Ct. 1226 , 12 L.Ed.2d 256 (1964); Bradley v. Milliken, 484 F.2d 215, 250 (6th Cir. 1973); Haney v. County Board, 410 F.2d 920 (8th Cir. 1969).

On June 12, 1973, a divided Court of Appeals, sitting en banc, affirmed in part, vacated in part, and remanded for further proceedings. 484 F. 2d 215 (CA6). [15] The Court of Appeals held, first, that the record supported the District Court's findings and conclusions on the constitutional violations committed by the Detroit Board, id., at 221-238, and by the state defendants, id., at 239-241. [16] It stated that the acts of racial discrimination *735 shown in the record are …

It is significant that in Bradley v. Milliken, 484 F.2d 215, at 251 (6th Cir. 1973), cert. granted, 414 U.S. 1038 , 38 L.Ed.2d 329 (1973), an order was made against “school districts . . . not parties to the litigation.” Since they were “arms and instrumentalities of the State of Michigan,” they were subject to *754 the decree.

Bradley v. Milliken, 484 F.2d 215, at 222, 241-242 (6th Cir. 1973) (en banc); Davis v. School District of Pontiac, 309 F.Supp. 734, 744 (E.D.Mich. 1970) , aff’d, 443 F.2d 573 (6th Cir. 1971) , cited with implied approval, Keyes, supra, 413 U.S. at 210 , 93 S.Ct. at 2698 .

See Bradley v. Milliken, 484 F.2d 215 (6th Cir. 1973) (holding that school districts affected by desegregation decree were “necessary parties” and, therefore, as a prerequisite to implementation of a desegregation plan, those districts that would be affected first had to be made a party to the litigation and afforded an opportunity to be heard).

See Bradley v. Milliken, 484 F.2d 215, 238-44 (6th Cir.1973) (en banc), rev'd on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974). 33 The EEOA imposes specific responsibilities on the State Board: 34 No State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by-- 35 (a) the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among…

See Bradley v. Milliken, 338 F.Supp. 582 (E.D.Mich.1971), aff' d, 484 F.2d 215 (6th Cir.1973) (en banc).

See Bradley v. Milliken, 484 F.2d 215 (6th Cir.1973) (en banc), rev’d, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974), so as to prohibit on the facts of that case consideration of a desegregation plan crossing district lines.

See Milliken v. Bradley, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974), reversing the en banc decision of this court reported at 484 F.2d 215 (1973).

See Milliken v. Bradley, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974), reversing the en banc decision of this court reported at 484 F.2d 215 (1973).

See Bradley *940 v. Milliken, 338 F.Supp. 582 (E.D.Mich.1971), aff’d 484 F.2d 215 (6th Cir. 1973), rev’d on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974).

See Bradley v. Milliken, 484 F.2d 215 (6th Cir. 1973), reversed in part and remanded, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974); Oliver v. Kalamazoo Board of Education, 368 F.Supp. 143 (W.D.Mich.1973), aff'd 508 F.2d 178 (6th Cir. 1974). 19 .

See discussion of Michigan law in this regard, pp. 56-62, Bradley v. Milliken, 484 F.2d 215 , 6th Cir. decided June 12, 1973.

See also Bradley v. Milliken, 484 F.2d 215, 246 (6th Cir.1973) (public school system is State function and school districts are instrumentalities of State created for administrative purposes), reversed on other grounds, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974).

See also Bradley v. Milliken, 484 F.2d 215, 241 (6th Cir.1973), rev’d on other grounds, Milliken v. Bradley, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974) (finding that “[t]he clearest example of direct State participation in encouraging the segregated condition of the Detroit public schools” was the State Board of Education’s approval of “school construction which fostered segregation throughout the Detroit Metropolitan area”). 3 If, as the plaintiffs allege, the st…

See also Bradley v. Milliken, 484 F.2d 215, 241 (6th Cir.1973), rev'd on other grounds, Milliken v. Bradley, 418 U.S. 717 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974) (finding that "[t]he clearest example of direct State participation in encouraging the segregated condition of the Detroit public schools" was the State Board of Education's approval of "school construction which fostered segregation throughout the Detroit Metropolitan area"). 3 If, as the plaintiffs allege, the st…

Compare Bradley v. Milliken, 484 F.2d 215 (6 Cir.), cert. granted, 414 U.S. 1038 , 94 S.Ct. 538 , 38 L.Ed.2d 329 (1973) (appeal granted under 28 U.S.C. 1292(b) from orders finding segregation and outlining extremely broad geographic ambit of type of plan to be sought, which orders were concededly 'interlocutory').

Compare Bradley v. Milliken, 484 F.2d 215 (6 Cir.), cert. granted, 414 U.S. 1038 , 94 S.Ct. 538 , 38 L.Ed.2d 329 (1973) (appeal granted under 28 U.S.C. § 1292 (b) from orders finding segregation and outlining extremely broad geographic ambit of type of plan to be sought, which orders were concededly “interlocutory”).