UNITED STATES OF AMERICA v. GEORGIA et al

Filing 53

ORDER GRANTING 51 Motion for Declaration of Unitary Status for Peach County School District re Doc. 1-74. PCSD Board of Education is DECLARED full unitary, all prior injunctions are DISSOLVED, and this case is DISMISSED. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 10/17/2022. (kat)

Case 5:69-cv-02771-MTT Document 53 Filed 10/17/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
STATE OF GEORGIA, Peach County
School District through the Peach
County Board of Education, et al.,
Defendant.
__________________

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CIVIL ACTION NO. 5:69-cv-2771(MTT)

ORDER
In this 53-year-old school desegregation case, Peach County School District
(“PCSD”), unopposed by the United States, moves for a declaration of full unitary
status. Doc. 51. For the following reasons, PCSD’s motion (Doc. 51) is GRANTED.
I. BACKGROUND
The United States filed this action in 1969 against the State of Georgia, school
districts, and officials, seeking the desegregation of public schools throughout the State.
On January 24, 1974, the Court entered a Consent Order desegregating various school
districts, including PCSD. In 2015, the parties jointly moved for a partial declaration of
unitary status. 1 Doc. 42. The Court granted that motion and found that PCSD had
achieved unitary status with respect to faculty and staff assignments, extracurricular

When this case resurfaced in 2015, the Court ordered service on the early Plaintiff-Intervenors who
were represented by counsel for the NAACP Legal Defense and Education Fund (“LDF”). Doc. 10 at 3.
In response, the LDF stated it was satisfied that the United States was adequately representing the
interests of African American students, faculty, and staff. Doc. 14 at 1. Should that change, the LDF
noted it would “bring those issues to the courts attention.” Id. at 2. On June 8, 2022, PCSD sent a copy
of its unopposed motion for declaration of unitary status to the LDF. Doc. 51 at 25. The LDF has not
responded or otherwise objected to the United States’ position.
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activities, facilities, and transportation. Doc. 44. As to student assignment, the United
States opposed an immediate finding of unitary status because, based on PCSD’s data,
“significant racial disparities” remained in students admitted to PCSD’s gifted program
and advanced content courses. Doc. 47 at 8-13. Seven-years later, PCSD now moves
for a finding that the district has eliminated the vestiges of de jure segregation with
respect to student assignment. Doc. 51.
II. DISCUSSION
“Proper resolution of any desegregation case turns on a careful assessment of its
facts.” Freeman v. Pitts, 503 U.S. 467, 474 (1992). “To be entitled to the end of federal
court supervision, a formerly dual school system must be able to prove that it has (1)
complied in good faith with the desegregation decree, and (2) eliminated the vestiges of
prior de jure segregation to the extent practicable.” NAACP, Jacksonville Branch v.
Duval Cty. Sch., 273 F.3d 960, 966 (11th Cir. 2001). “To determine if a school board
has shown a good faith commitment to a desegregation plan, a district court should,
among other things, consider whether the school board’s policies ‘form a consistent
pattern of lawful conduct directed to eliminating earlier violations.’” Lockett v. Bd. of
Educ. of Muscogee Cty. Sch. Dist., Ga., 111 F.3d 839, 843 (11th Cir. 1997) (citation
omitted). With respect to whether the PCSD has eliminated the vestiges of de jure
segregation to the extent practicable, the Court examine six areas of the school district’s
operations: student assignment, facilities, faculty, staff, transportation, and
extracurricular activities Green v. Cty. Sch. Bd. of New Kent Cty., Va., 391 U.S. 430,
435 (1968). These so-called Green factors “must be free from racial discrimination” to

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satisfy a finding of full unitary status. Freeman, 503 U.S. at 486; Holton v. City of
Thomasville Sch. Dist., 425 F.3d 1325, 1337-38 (11th Cir. 2005).
Here, PCSD’s compliance with the Court’s orders and PCSD’s willingness to
work collaboratively with the United States demonstrates a pattern of good-faith
compliance. The Court is satisfied PCSD has complied in good faith with the
desegregation decree. As noted, the Court has already declared PCSD unitary as to all
Green factors except student assignment. Doc. 44. Based on the information and data
provided by PCSD in its unopposed motion (Doc. 51) and attached documents (Docs.
51-1; 51-2; 51-3; 51-4; 51-5; 51-6; 51-7), together with all the surrounding facts and the
lengthy record in this case, the Court finds that PCSD has eliminated the vestiges of its
past de jure segregation to the extent practicable with respect to student assignment.
Accordingly, PCSD’s motion for unitary status (Doc. 51) is GRANTED.
III. CONCLUSION
In sum, the Court finds that the PCSD has met the standards entitling the school
district to a declaration of unitary status and termination of this litigation. PCSD’s
motion for declaration of unitary status (Doc. 51) is GRANTED, the PCSD Board of
Education is DECLARED full unitary, all prior injunctions are DISSOLVED, and this
case is DISMISSED.
SO ORDERED, this 17th day of October, 2022.
S/ Marc T. Treadwell
MARC T. TREADWELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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