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JAFFREE v. BOARD OF SCHOOL COM'RS OF MOBILE COUNTY

Civ. A. No. 82-0554-H.

554 F.Supp. 1104 (1983)

Ishmael JAFFREE; Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, infants, by and through their best of friend and father, Ishmael Jaffree, Plaintiffs, v. The BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY; Dan C. Alexander, Dr. Norman Berger, Hiram Bosarge, Norman G. Cox, Ruth F. Drago, and Dr. Robert Gilliard, in their official capacities as members of the Board of School Commissioners of Mobile County; Dr. Abe L. Hammons, in his official capacity as Superintendent of the Board of Education of Mobile County; Annie Bell Phillips, individually and in her official capacity as principal of Morningside Elementary School; Julia Green, individually and in her official capacity as a teacher at Morningside Elementary School; Betty Lee, individually and in her official capacity as principal of E.R. Dickson Elementary School; Charlene Boyd, individually and in her official capacity as a teacher at E.R. Dickson Elementary School; Emma Reed, individually and in her official capacity as principal of Craighead Elementary School; Pixie Alexander, individually and in her official capacity as a teacher at Craighead Elementary School, Defendants.

United States District Court, S.D. Alabama, S.D.

January 14, 1983.

Attorney(s) appearing for the Case

Ronnie L. Williams, Mobile, Ala., for plaintiffs.

Robert H. Mudd, Jr., Robert C. Campbell, III, Mobile, Ala., for defendants Board of School Commissioners.

Fob James, III, pro se.

Charles S. Coody, Counsel Director, Div. of Legal Services, Dept. of Education, Montgomery, Ala., for defendants Tyson, Creel, Cherry, Higginbotham, Poole, Martin, Allen and Roberts, Bob Sherling, Mobile, Ala., for intervening defendants.

MEMORANDUM OPINION

HAND, Chief Judge.

Prelusion

If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way in which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent...

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