Morgan v. McDonough

540 F.2d 527 (1976)

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Morgan v. McDonough

United States Court of Appeals for the First Circuit
540 F.2d 527 (1976)

  • Written by Tammy Boggs, JD

Facts

The City of Boston was under an injunction ordered by the district court to desegregate schools (the desegregation plan). The desegregation plan was appealed and affirmed. According to the desegregation plan, Black public-school students (plaintiffs) had to receive a peaceful, integrated, and nondiscriminatory education. The leadership committee of South Boston High School (the committee) (defendant) had opposed the desegregation plan and continuously resisted efforts to integrate. The committee only obeyed direct court orders. Beginning in 1975, South Boston High had a racially mixed enrollment, but Black students were barely receiving an education. The school atmosphere was characterized by “pervasive lassitude and emptiness.” The Black students filed a motion in district court to close the school. The court held a lengthy hearing and made several visits to South Boston High. Instead of closing the school, the court ordered the school placed in the temporary receivership of the court and eventually appointed Boston’s superintendent of schools as the temporary receiver. The purpose of the receivership was to make necessary changes in administration and operation so that South Boston High would be brought in compliance with the desegregation plan. The court further directed the receiver to transfer out certain of the school’s staff, including the headmaster, administrators, and football coach, without reducing their compensation, benefits, or seniority. These staff members had been resistant to the desegregation plan. The committee appealed, arguing that the court had exceeded its powers in entering the orders.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

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