UNITED STATES DISTRICT COURT

FOR THE

NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

VIVIAN CALHOUN, CORNETHA CALHOUN, and FRED CALHOUN, infants, by WILLIE CALHOUN, their father and next friend.

CORNELL HARPER JESSIE LEE HARPER BETTY JEAN HARPER, and FRANK HARPER infants, by HENRY L. HARPER, their father and next friend.

LEANARD JACKSON, JR., CECELIA JACKSON, PHYLLIS JACKSON, and REBA JACKSON, BY LEANARD JACKSON, SR. their father and next friend.

BETTY JEAN WINFREY, JENNING WINFREY, MELVIN WINFREY, SHARON WINFREY, and DORIS WINFREY, by ROOSEVELT WINFREY, their father and next friend.

JUANITA FEARS, and JOHNNY FEARS by JOHNNY FEARS, SR., their father and next friend.

ONITHIA PUTNAM, and CLOUD PUTNAM, by DOCK PUTNAM, their father and next friend.

ERNEST SWANN, and CHARLES SWANN, by RALPH SWANN, their father and next friend.

JAMES LESTER, and WILLIAM LESTER, by DAVID LESTER, their father and next friend.

SANDRA McDOWELL, and SNOWDRA McDOWELL, by HUDIE McDOWELL, their father and next friend.

DELANE JENKINS and MARION JENKINS, by Mrs. RUTH SMITH, formerly Mrs. RUTH JENKINS, their mother and next friend.

Plaintiffs,

v.

A.C. LATIMER
ED. S. COOK
ALLEN L. CHANEY, JR.
RUFUS CLEMENT
L.J. O'CALLAHAN
OBIE T. BREWER
GLENN FRICK
MRS. CLIFFORD N. RAGSDALE
HARALD JACKSON

As members of the Board of Education of the City of Atlanta.

And, Miss IRA JARRELL, SUPERINTENDENT OF THE PUBLIC SCHOOLS OF THE CITY OF ATLANTA.

DEFENDANTS.

COMPLAINT

1. The jurisdiction of this court is invoked pursuant to the provisions of Title 28, United States Code, Section 1343 (3), this being a suit in equity authorized by law, Title 42, United States Code, Section 1983, to be brought to redress the deprivation under color of state statute, ordinance, regulation, custom or usage or rights, privileges and immunities secured by the Constitution and laws of the United States or by any act of Congress providing for the equal rights of citizens. The rights here sought to be protected are rights secured by the equal protection clause of the Fourteenth Amendment to the Constitution of the United States and Title 42, United States Code, Section 1981.

2. This is a proceeding for a preliminary and permanent injunction enjoining defendants from operating the public school system of the City of Atlanta, Georgia on a racially segregated basis.

3. This is a class action brought by the adult plaintiffs for the minor plaintiffs on behalf of themselves and on behalf of other adults and minors similarly situated, pursuant to the provisions of Rule 23 (a)(3) of the Federal Rules of Civil Procedure. The members of this class are all adult Negro citizens and their minor children of the State of Georgia who reside in the City of Atlanta, Georgia. The minors are eligible to attend the public schools of Atlanta, Georgia. The members of this class are all similarly affected by the action of the defendants in maintaining and operating the public school system of Atlanta, Georgia on a racially segregated basis.

4. The adult plaintiffs in this case are all citizens of the United States and of the State of Georgia, residing in the City of Atlanta, Georgia. Each adult plaintiff is the parent of one or more minor children who are eligible to attend the public schools, under the control of the defendants. Each minor plaintiff is likewise a citizen of the United States and of the State of Georgia, residing in the City of Atlanta, Georgia.

5. The adult and minor plaintiffs are respectively: WILLIE CALHOUN, VIVIAN CALHOUN, CORNETHA CALHOUN, and FRED CALHOUN; HENRY L. HARPER, CORNELL HARPER, JESSIE HARPER, BETTY JEAN HARPER, and FRANK HARPER; LEANARD JACKSON, SR., LEANARD JACKSON, JR., CECELIA JACKSON, PHYLLIS JACKSON, and REBA JACKSON; ROOSEVELT WINFREY, BETTY JEAN WINFREY JENNING WINFREY, MELVIN WINFREY, SHARON WINFREY, and DORIS WINFREY; JOHNNY FEARS, JUANITA FEARS, and JOHNNY FEARS, JR.; DOCK PUTNAM, ONITHIA PUTNAM, and CLOUD PUTNAM; RALPH SWANN, ERNEST SWANN, and CHARLES SWANN; DAVID LESTER, JAMES LESTER, and WILLIAM LESTER; HUDIE McDOWELL, SANDRA McDOWELL, and SNOWDRA McDOWELL; MRS. RUTH SMITH, formerly MRS. RUTH JENKINS, DELANE JENKINS, and MARION JENKINS.

6. The defendants, A.C. LATIMER, ED. S. COOK, ALLEN L. CHANEY, JR., RUFUS E. CLEMENT, OBIE T. BREWER, GLENN FRICK, MRS. CLIFFORD N. RAGSDALE, and HARALD JACKSON are members of the Board of Education of the City of Atlanta, and as such, hold office pursuant to the laws of the State of Georgia. The defendant, MISS IRA JARRELL, is the duly appointed and acting superintendent of the public schools of Atlanta, Georgia. She is the chief administrative officer of the public school system of Atlanta, Georgia, and holds office pursuant to the laws of the State of Georgia, subject to the control and authority of the Board of Education of the City of Atlanta.

7. The Board of Education of the City of Atlanta exists pursuant to the Constitution of the State of Georgia, and the laws of the State of Georgia, as a governmental agency of the State of Georgia, charged with the governmental function of establishing, maintaining and operating the public school system of the City of Atlanta, Georgia.

8. The public schools of the City of Atlanta, Georgia are under the direct supervision and control of the defendants, as members of the Board of Education of the City of Atlanta.

9. Acting under color of their authority and under color of the laws of the State of Georgia, the defendants are presently operating the public school system of Atlanta, Georgia on a racially segregated basis, pursuant to the policy, custom, usage, regulations and laws of the State of Georgia of enforcing racial segregation in public institutions. Pursuant to the policy, custom, usage, laws and regulations of racial segregation in public institutions, defendants have designated certain schools of the public school system of Atlanta, Georgia as schools for the exclusive attendance of white children and other schools for the exclusive attendance of Negro children. Schools for the exclusive attendance of white children are staffed by white teachers, principals and administrative personnel only. Schools for the exclusive attendance of Negro children are staffed by Negro teachers, principals and administrative personnel only. The minor plaintiffs and other minor Negro pupils similarly situated are required to attend the schools designated for the exclusive attendance of Negro pupils and are not permitted to attend schools designated for the exelusive attendance of white pupils, solely on account of their race and color.

10. The adult plaintiffs on their own behalf and on behalf of their children attending the public schools of the City of Atlanta have intermittingly filed since about June 3, 1955 through September, 1956 written petitions with the Atlanta Board of Education, and Miss Ira Jarrell, Superintendent of Schools, in which the plaintiffs petitioned the said Superintendent of Schools, and the Atlanta Board of Education to reorganize the public schools of the City of Atlanta on a racially non-segregated basis, in compliance with the United States Supreme Court's decisions of May 17,1954 and May 31, 1955 in the case of Brown v. Board of Education of Topeka. That the defendants, members of the Board of Education of the City of Atlanta, Georgia, and the said defendant, Superintendent of Schools of the City of Atlanta have failed and refused to desegregate the schools within their jurisdiction and control. That said defendants have since continued to operate the public schools aforesaid on a racially segregated basis; that the defendants have failed and refused to make an official declaration of their intent to de-segregate and cease operating the public schools of theCity of Atlanta, Georgia on a racially segregated basis.

11. The operation of the public school system of Atlanta, Georgia on a racially segregated basis, as hereinabove set forth, deprives the minor plaintiffs and other minor Negro pupils similarly situated of equal educational opportunities in violation of rights secured to them by the equal protection clause of the Fourteenth Amendment to the Federal Constitution and by Title 42, United States Code, Section 1981. The operation of the public school system of Atlanta, Georgia, on a racially segregated basis consequently results in irreparable injury to minor plaintiffs and other minor pupils similarly situated. There is no complete, adequate or speedy remedy at law to compensate the minor plaintiffs for the injury which they are presently sustaining as a result of the operation of the public school system of Atlanta on a racially segregated basis.

WHEREFORE, Plaintiffs pray:

1. That proper process may issue and be directed to each of said defendants, herein named, requiring them to appear and answer this complaint,

2. That upon the filing of this complaint, this court will advance this case on the docket and order a speedy hearing thereof according to law;

3. That this court will issue a preliminary injunction pending the final disposition of this case and a permanent injunction upon the final determination of this cause enjoining the defendants from operating the public school system of Atlanta, Georgia on a racially segregated basis and enjoining the defendants from refusing to permit the minor plaintiffs to attend any public school in the City of Atlanta, Georgia, which they are otherwise qualified to attend, solely because of their race and color;

4. That this court allow plaintiffs their costs herein and grant such further, other or additional relief as to the court may appear just and proper in the premises.


E.E. Moore, Jr.
175 Auburn, Ave., N.E.
Atlanta, Georgia

Constance Baker Motley
Thurgood Marshall
107 West 43rd Street
New York, N.Y.

(Filed January 11, 1958)

CIVIL ACTION NO. 6298

source: Federal Archives, East Point, Georgia (File 1, Box 53)