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HUSBANDS v. PENNSYLVANIA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


May 22, 1973

Harry N. HUSBANDS et al., Plaintiffs,
v.
COMMONWEALTH OF PENNSYLVANIA et al., Defendants

Newcomer, District Judge.

The opinion of the court was delivered by: NEWCOMER

OPINION AND ORDER

NEWCOMER, District Judge.

 Presently before the Court is a motion to dismiss the complaint or to abstain filed by all the above captioned defendants except defendant, Franklin A. Yeager, President of Interim Operating Committee for Administrative Unit No. 5, and defendant, Interim Operating Committee for Administrative Unit No. 5. The instant action is brought under the Civil Rights Act of 1964, 42 U.S.C.A. § 1983, by parents individually and on behalf of their children attending public schools within three newly reorganized school districts in the County of Delaware, Commonwealth of Pennsylvania, i.e. Unit 4, Unit 5, and Unit 12. This action is also brought on behalf of all persons similarly situated. The plaintiffs charge that as a result of school district reorganization, they have been forced to attend schools within racially and economically segregated districts and they have been deprived of rights, privileges and immunities secured by the constitution and laws of the United States. Plaintiffs pray for an injunction, altering and revising, or ordering defendants to alter and revise the Delaware County School Reorganization Plan, declaratory relief as to the unconstitutionality of said plan in its present configuration, an injunction restraining the defendants from levying taxes without equalization of assessment ratios, and declaratory relief as to the unconstitutionality of public school financing which places substantial dependence upon local property taxes. The defendants have moved to dismiss the complaint or to abstain because (1) the plaintiffs' first cause of action fails to state a claim upon which relief can be granted, (2) the plaintiffs lack standing to raise the racial issues contained in the first cause of action, (3) there is no federal right to relief from "de facto" segregation, (4) the plaintiffs have failed to exhaust administrative remedies available under state law and thus should not have access to the Federal Courts, (5) the plaintiffs have failed to join necessary parties-defendant, (6) this Court is without proper jurisdiction to determine the merits of plaintiffs' fourth cause of action, (7) the action is barred by Res Judicata, (8) in the alternative, this Court should abstain, (9) the plaintiffs' complaint fails to allege any violation of any right, privilege, or immunity, protected or guaranteed by the Constitution or laws of the United States, (10) the plaintiffs' complaint fails to allege a Constitutionally prohibited state enforced system of racial segregation, (11) the plaintiffs' allegations of "economic discrimination" do not establish the violation of any right, privilege, or immunity protected by the Constitution or laws of the United States, and (12) the plaintiffs' complaint is barred by 28 U.S.C.A. § 1341. On October 2, 1968, the Delaware County Board of School Directors, pursuant to Act 150 of 1968 (24 P.S. § 2400.1, et seq.) adopted a plan for reorganization of the school districts of Delaware County into 15 new districts. These new districts were reorganized as follows: Administrative Unit Municipalities 1 Radnor 2 Haverford 3 Upper Darby Clifton Heights Millbourne 4 Lansdowne Aldan E. Lansdowne Darby Colwyn Yeadon 5 Collingdale Sharon Hill Folcroft Darby Twp. 6 Glenolden Prospect Park Norwood Tinicum 7 Ridley Twp. Ridley Park Eddystone 8 Springfield Morton 9 Marple Newtown 10 Edgmont Middletown Upper Providence Media 11 Nether-Providence Rose Valley Rutlege Swarthmore 12 Chester Chester Twp. Upland 13 Upper Chichester Lower Chichester Marcus Hook Trainer 14 Parkside Aston Brookhaven 15 Concord Bethel Chester Heights

19730522

© 1992-2004 VersusLaw Inc.



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