Robert Rosen (b. 1947) Papers (1941 – 1994)

 

Avery Research Center Manuscript Number 1028

 

Biographical Note:

 

The son of Ida and Morris Rosen, Robert N. Rosen was born in 1947 in Charleston, South Carolina, where his mother was a teacher and his father an attorney.  Rosen attended public schools in Charleston and was a student at Rivers High School when it became the first integrated school in the city. He graduated from University of Virginia in 1969, earned his Master’s in history at Harvard University in 1970, and graduated from the University of South Carolina School of Law in 1973. He served as Assistant Corporation Counsel for the City of Charleston (1976-1985); as general counsel for the Charleston County School District (1982-2003) and for the Charleston Housing Authority (1984-2003).  Rosen has practiced criminal and personal injury law; civil and commercial litigation; and administrative and zoning law.  In the three cases represented in this collection, he defended the Charleston County School system against the initial charge that the Charleston County School District violated the equal protection clause of the Fourteenth Amendment.  Aside from being an attorney, Rosen is also the author of several books on historical topics.

 

 

Scope and Content:  Approximately 26 linear ft. (1941-1994, bulk 1981-1990)

 

Each series (described separately below) contains court documents and legal proceedings pertaining to the three court trials of United States of America and Richard Ganaway, II et. al vs. Charleston County School District and State of South Carolina, in which Rosen and Alice F. Paylor, of Rosen, Rosen & Hagood, Charleston, SC successfully represented the defendants, Charleston County School District and State of South Carolina. The case began in 1981, with the US government and Richard Ganaway, an African American parent of Richard Ganaway, II, alleging that the 1967 SC General Assembly Act # 340, vesting the Charleston County School District with certain powers, violated the equal protection clause of the Fourteenth Amendment.  Liability (non jury, 6 October 1987 – 27 September, 1988) and damages were argued separately.  In June 1990, the court decided there had been no intent to discriminate in the 1967 Act.  There was a slight discriminatory effect, however, but since intent and effect had to be established to be judged a violation of the clause, the case was dismissed.

 

The plaintiffs then appealed.  The case was argued from 1991- 1992; the court upheld the verdict except in one instance, vacating it and remanding it back to court where it was originally heard. The one instance hinged on how student transfers were made at Memminger, then a Magnet School in downtown Charleston. Transfers were not made on the basis of integration alone, but it appeared that some otherwise valid transfers were denied based on the belief that desegregative inter-district transfers were not allowed.

 

After the case was remanded back to the lower court, no settlement could be reached, so the court had to decide; it ruled that if a transfer for valid, non-racial reasons, from one district to another, inadvertently achieves integration or segregation, that transfer was still valid and not discriminatory. If a valid transfer was denied because of racial reasons it would constitute a violation of the equal protection clause of the Fourteenth Amendment; and if a transfer was requested to achieve integration it would have to be denied, since the court had found the school system to be already fully integrated. Thus dealing with the issues remanded it, the court affirmed the earlier rulings that the Charleston County School District operated a unitary (unsegregated) system. 

 

The collection primarily follows the original order of the Rosen, Rosen & Hagood Law Firm, and is divided into six series.   The first five – Judgment, Pleadings, Discovery, Testimonies, and Exhibits (Defendants and Plaintiff-Intervener) -- contain court transcripts, legal proceedings, reports, memorandums, correspondence and documents pertaining to the three court trials. The remaining series, Attorney Files, consists of sub-series of Desegregation Cases, School Board Minutes and Charleston County School District Correspondence, Charleston County School District Magnet Schools materials, Numbered Documents, and Miscellaneous Reports

 

Series I – Judgment (1 linear ft.) Twelve spiral and bound volumes prepared for the second case in the United States Court of Appeals for the Fourth Circuit re United States & Ganaway et. al. v. Charleston County School District & State of South Carolina (Argued March 5, 1991, Decided March 12, 1992). The volumes are indexed and constitute a history of the original case (1981-88). Includes photocopied legal briefs from Lexis Nexis providing rulings of each trial (1990, 1991-92, 1994).

 

Series II – Pleadings (1 linear ft.) Contains twelve photocopied volumes (1981-88) of court transcripts of pleadings (i.e. allegations made by each party with their claims and defenses).  Each volume is indexed and comprises the proceedings of the original case. Pleadings also contains photocopies of the Order (filed June 5, 1990); Judgment (filed June 5 1990); United States as Appellant (Nov 19, 1990); Appellees’ Brief (Jan 3, 1991); Brief for Plaintiffs Appellants (nd); and "Appellees' Brief "( Jan 4, 1991); docket sheet (1981-86); and litigation time line (1981-86).

 

Series III-Discovery (5.5 linear ft.) Comprises eleven volumes (1981-87) of discovery documents (i.e. part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to “discover” pertinent facts).  Each volume is indexed by topic and date indicating civil actions brought forth by the United States of America (US-Plaintiff); Richard Ganaway II, et. al, (Plaintiff-Intervener, P-I); Charleston County School District (CCSD) and the State of South Carolina (SC), Defendants. Discovery includes court transcripts; notice of depositions; subpoenas; request and responses; interrogatories; questions and answers; affidavits; and photocopies of legal briefs.  The second box of Discovery (1985-88) consists of photocopied court transcripts, documents and cases re Legislative Privilege (a claim by a high official of the legislative branch that he/she need not answer a request  --including a subpoena issued by a court -- for confidential government or personal communications, on the ground that such revelations would hamper effective governmental operations and decision-making); photocopied court cases relating to waivers and informer’s privilege; Rosen’s memorandum re USA v. CCSD one year court delay (1985); reports and memorandums re proposed $21,500,000 CCSD School Building Bond (1986); miscellaneous original and photocopied correspondence between Rosen and Judge Solomon Blatt, Jr. and handwritten attorney notes.

 

Three boxes of Discovery, contains the sub series of Depositions holding court testimony transcripts and excerpts of  P-I, USA, CCSD witness depositions with supporting documents, including photocopies of correspondence, Charleston County School District organizational materials (tables, graphs, charts and maps); legal briefs and newspaper clippings (1982-87).  The depositions are arranged in date order with individual indexes highlighting key subjects.  Depositions of note include those of  Robert McCormick Figg (July 1, 1985) witness for CCSD,  attorney and former member of the SC House of Representatives; Charles M. Gibson (Dec 16, 1986), witness for Charleston County School Board (CCSB), former SC State Senator, who introduced Act 340 in 1967; Creighton Frampton (Mar 14, Apr 9, 23, 1986, and Feb 26, 1988) witness for CCSD and retired CCSD County Superintendent; Lawrence Derthick (Oct 22, 1986), witness for USA, former CCSD Superintendent; Richard Ganaway (May 13, 1987) witness for P-I and father and representative of Ganaway II; Rufus L. Dilligard (Aug 20, 1987), witness for USA, chairman of the District 20 School Board; Leckyler Gaillard (Sept 18, 1987) witness for USA, principal of Burke High School, Charleston; Thomas A. Carrere (Sept 22, 1987) witness for CCSD, former CCSD principal; and Alton Crews (Sept 22, 1987) witness for CCSD former CCSD Superintendent.  Several depositions include witness exhibits.

 

Included, as well, in this series  is the bound court hearing (September 5, 1985) of attorneys Gregg Meyers and Judith Keith (representing Plaintiff/USA); of Robert Rosen, Morris Rosen and Alice Paylor (representing Defendant/CCSD); Ken Woodington (representing Defendant/State of SC); and Arthur C. McFarland and Theodore M. Shaw (proposed Interveners).

 

Series IV-Testimonies (2 linear ft.) Photocopied testimony and court documents (1987-88); includes US v. CCSD Testimony Digests listing names of witnesses by day; and indexed summation of US, P-I, and CCSD testimonies, highlighting key points made; photocopies of court transcript testimonies from Day 3 (Oct 8, 1987) to Day 21 (June 14, 1988); and Motions (requests asking a judge to issue a ruling or order on a legal matter). Testimonies of note include those of Augustine Smythe (Day 24) whose study recommended consolidating school districts to provide equalization of funding among them; and expert witnesses for the defense, William Clark (Day 26) and David Armor (Day 32) who investigated Charleston County’s housing patterns, school attendance zones, enrollments and transportation system in regards to the Constituent District boundary lines and alternative desegregation plans for Charleston County.

 

Series V-Exhibits:  Defendants and Plaintiff-Intervener (5 linear ft.) Exhibits (supporting evidence) contain two sub-series: Defendants and Plaintiff-Intervener.  An integral part of plaintiffs' argument was the contention that the SC General Assembly intended to perpetuate segregation by the passage of Act 340.  The court heard extensive testimony and received numerous exhibits concerning the intent of the General Assembly in passing Act 340, the “consolidation act,”  upon which plaintiffs' constitutional challenge was based.

 

Original and photocopied documents numbered 1-57 (1965-1989) pertaining to defendants’ (Charleston County and State of South Carolina) exhibits include reports from Charleston County School Board; “Charleston County Administrative School Survey” (Exhibit #16: 1966); “Act of Consolidation, Volumes 1-3” (Exhibit #17a-17b: 1967-78);  court documents from Millicent Brown vs. School District No. 20 (Exhibit #18: 1963-81); "Statutes Relating to Public Education and Schools in Charleston," (Exhibit #22: 1871-1964); "Memminger Optional School" (Exhibit #48, 1997); and bound photocopies of Memminger's correspondence, documents and board minutes (Exhibits #49A and B). Memminger, a small predominantly black school located in Constituent District 20, was in danger of being closed because of its declining student enrollment, and District 20, as a whole, was losing many white students to private and suburban schools. This "model" school was to operate at the same per pupil cost as other elementary schools in Charleston County, and was designed to serve as a magnet school model for the development of similar instructional programs at other schools in the county.

 

A separate oversize box contains photocopied and bound defendants exhibits with a handwritten index (Exhibit 24-38: 1953-67), with "Annual Report of the County Superintendent of Charleston County, SC," providing statistics on public school enrollment; district operating funds; building funds; and value of school property (“White and Negro”).

 

Plaintiff-Intervener exhibits include State Board of Education (SBE) minutes (Exhibits #101-134: 1941-1957); South Carolina State Superintendent of Education (SCSSE) annual reports (Exhibits# 301-304: 1951-1958); County Board of Education (CBE) minutes (Exhibits #400-447: 1945-1955); State Educational Finance Commission (SEFC) minutes (Exhibit #1300-1368: 1954-1961).  Additional exhibits include statistics re Charleston county student population.

 

Series VI- Attorney Files (11.5 linear ft.) Attorney files include original and photocopied reports, memorandums, correspondence, court cases which Rosen used as supplemental references in defending the CCSD.  This series is divided into five sub series: Desegregation Cases; School Board Minutes and CCSD Correspondence; CCSD Magnet Schools materials; Numbered Documents; and Miscellaneous Reports.  Numerous documents within the series have cross reference numbered index cards attached which provide an abstract of document.

 

Desegregation Cases contain photocopied court cases from the Supreme Court Reporter (1951-87) representing a sampling of significant national school desegregation cases used to illustrate extensive problem areas in the Ganaway v. CCSD lawsuit.

Included in this sub series is a “History of Desegregation” (1955-1985) complied by Lisa Lovinggood, Rosen’s paralegal, which contains photocopied CCSD memorandums, James Island and Moultrie School board of trustee minutes, reports and newspaper clippings re the Gibson Bill (Act #340) , CCSD Freedom of Choice Plan; documents re the Millicent F. Brown, et. al. v. School District #20, brought in 1963 to desegregate the schools in the City of Charleston. This case enjoined the operation of a dual school system in one district only (District 20)]. Includes pleadings index, photocopied civil docket and court documents (1962-1977) not included in Exhibit # 18, which also refers to the case.

 

School Board Minutes and CCSD Correspondence  sub-series contains school district board of trustees minutes and corresponding memorandums, reports, and documents pertaining to the eight school districts and the individual schools within these districts: St. James-Santee Constituent School District #1 (1974-1987); Moultrie School District #2 (1953-1987); James Island Constituent School District #3 (1960-1987); Cooper River School District #4 (1967-1987); St. Johns Constituent School District #9 (1955-1987); St. Andrews (West Ashley) Constituent School District #10 (1954-1987); Charleston County School District #20 (1952-1987); and St. Paul’s School District #23 (1954-1987). Also included are minutes from the County Board of Education (1951-1983); the State Educational Finance Commission (1951-1956); original and photocopied reports and correspondence between the CCSD and the U.S. Department of Health, Education and Welfare (HEW) re compliance with the Office of Civil Rights and the Emergency School Aid Act (1965-1981); U.S. Department of Justice materials re the Voting Rights Act of 1964, 1965 (1980-81), and data re the Mid-Atlantic/Appalachian Race Desegregation Assistance Center  related to race desegregation  (1980-81).

 

CCSD Magnet Schools materials contain original and photocopied reports, a grant proposal with drafts and correspondence between CCSD and Department of Education re the Magnet Schools Assistance Program (1982-87), "magnet school" denoting a public school "of voluntary enrollment designed to further integration by drawing students away from their neighborhoods and private schools through distinctive curricula and high quality." CCSD initially applied for Buist Academy, Jennie Moore Computer Magnet, Ashley River Creative Arts Magnet, and Laing Middle in 1985. Grant application documents were submitted to the Ganaway v. CCSD court case for the purpose of the Justice Department’s decision on whether to agree on the inadmissibility of this material. Includes magnet desegregation plan, rough draft and final grant application.

 

Numbered Documents. This series contains photocopied memorandums and forms from the HEW Office of Civil Rights and Equal Employment Opportunity Commission (EEOC) re Elementary and Secondary School Civil Rights Surveys, including Individual School Campus Reports completed by the eight districts with the Charleston County School system.  The documents are arranged in the attorney’s numbering system with cross reference index cards attached.  The remaining numbered documents include CCSD reports form the Office of Research and Evaluation re testing results of cognitive skills assessments, state accreditation for CCSD elementary schools, statistics re pupil enrollment and attendance (1968-1982), lists of CCSD school closing, openings and reorganization (1954-1985), charts re racial composition of CCSD students, teachers and professional staff (1950-1987) and statistics of CCSD student suspension expulsions and dropouts (1972-1987).

 

Miscellaneous Reports.  This sub-series contains scattered CCSD  transportation, promotion and retention rate reports, as well as annual reports; and administration, organizational and facility improvement plans (1968-1989).  Additional reports from the Charleston County Planning Board re growth trends, and voter statistics (1966, 1976); City of Charleston housing and crime statistics (1985); and national reports re college degrees awarded (1976-1981, 1984-85); American public school teachers (1985-86); and African American recruitment and retention in the South (1983-87).

 

 

Note:  A more detailed synopsis of the law cases is available in the repository.

 

Abbreviations used in the finding aid include the following:

 

BCD Berkeley Charleston Dorchester

CBE  County Board of Education

CCPS Charleston County Public Schools

CCSD  Charleston County School District

CSCC County Superintendent of Charleston County

EEOC  Equal Employment Opportunity Commission

ESAA Emergency School Aid Act, HEW

HEW  US Department of Housing, Education and Welfare

JI James Island

JIS District  James Island School District

MAARDAC Mid-Atlantic/Appalachian Race Desegregation Assistance Center

OCR  Office of Civil Rights

P-I  Plaintiff-Intervener

SBE  State Board of Education

SCSD South Carolina School Districts

SCSSE  SC State Superintendent of Education 

SEFC  State Educational Finance Commission

 

 

 

Robert Rosen Papers

 

 

 

 

 

United States of America and Richard Ganaway, II et. al vs.

 

 

Charleston County School District and State of South Carolina

 

 

 

 

 

Avery Manuscript Number 1028

 

 

Inventory

 

 

 

 

I

Judgment

Box # 1

 

 

Folder

1

Photocopies of the three rulings (1990,1991-92, 1994) from LexisNexis, providing a

1

 

summation of each trial

 

 

 

 

2

Spiral bound book (1990) of "Joint Appendix Volume I" containing docket sheet

2

 

(1981-86); the United States' Complaint (1981); the State of SC's answer (1984);

 

 

answer of the Charleston County School District (1984); district court decision (1990)

 

 

and trial testimony transcripts from Days 1-8

 

 

 

 

3

Spiral bound book (1990) of "Joint Appendix Volume II," containing trial testimony

3

 

transcripts from Days 9, 14-17, and 20

 

 

 

 

4

Spiral bound book (1990) of "Joint Appendix Volume III," containing trial testimony

4

 

transcripts from Days 21-22, 24-25

 

 

 

 

5

Spiral bound book (1990) of "Joint Appendix Volume IV," containing trial testimony

5

 

transcripts from Days 26-29

 

 

 

 

6

Spiral bound book (1990) of "Joint Appendix Volume V," containing trial testimony

6

 

transcripts from Days 30-34

 

 

 

 

7

Spiral bound book (1990) of "Joint Appendix Volume VI," with photocopied

7

 

Plaintiff-Intervener Exhibits #401-409, 416, 419-421, 424, 426, 428, 432, 715,

 

 

1433-1434, 1450 and William Ellis deposition (1987)

 

 

 

 

8

Spiral bound book (1990) of "Joint Appendix Volume VII," with photocopied

8

 

Charleston County School District Exhibits # 3,11-13, 15-16, 22, 41a-41b

 

 

 

 

9

Spiral bound book (1990) of "Joint Appendix Volume VIII," with photocopied

9

 

Charleston County School District Exhibits # 42, 49a, 51, 59-60, 63-83

 

 

 

 

10

Spiral bound book (1990) of "Joint Appendix Volume IX," with photocopied

 

 

Charleston County School District Exhibits # 84-85, 90, 93, 99, 102-107, 117, 126-

10

 

127b, 129; and State of South Carolina Exhibits # 1-4

 

 

 

 

11

Spiral bound book (1990) of "Joint Appendix Volume X," with photocopied

11

 

State of South Carolina Exhibits #8-9, 11-13

 

 

 

 

12

Bound and photocopied volume (1986) of "Consent Decree"

12

 

 

 

13

Bound volume (1989) of "Defendants' Proposed Findings of Facts and Conclusions of

13

 

Law," detailing history, issues, and summary of the trial

 

 

 

 

II

Pleadings

Box # 2

 

 

Folder

1

Photocopied court documents of "Judgment" (filed 5 June 1990); "Order" (filed 5 Jun

1

 

1990); "Appeal from the US District Court for the District of SC: Brief for the US as

 

 

Appellant" (19 Nov 1990); "Brief for Plaintiffs Appellants (nd); and "Appellees' Brief "

 

 

(filed 4 January 1991)

 

 

 

 

2

Photocopied litigation time line (1981-86)

2

 

 

 

3

Index to Pleadings, Volume I re United States of America v. Charleston County

3

 

School District with photocopied court documents (1981):

 

 

(1) United States (US):  Summons & Complaint

 

 

(2) South Carolina (SC): Motion to Dismiss and Memorandum

 

 

(3) Charleston County School District (CCSD): Notice of Motion and Motion to                                                                                                                                                          

 

      Dismiss, Memorandum and Affidavit of Lawrence Derthick

 

 

(4) CCSD: Notice of Filing Motion to Dismiss

 

 

(5) US: Opposition to Motion of CCSD to Dismiss

 

 

(6) US: Opposition to Motion of SC to Dismiss

 

 

(7) CCSD: Reply to Plaintiff's Opposition to Motion of CCSD to Dismiss

 

 

(8) US:  Motion for Judicial Disqualification and Memorandum

 

 

(9) CCSD:  Memorandum in Response to Plaintiff's Motion for Judicial

 

 

     Disqualification

 

 

(10) SC: Memorandum in Response to Plaintiff's Motion for Judicial

 

 

       Disqualification

 

 

(11) US:  Request for oral Argument and Reply Memorandum to Motion for

 

 

        Judicial Disqualification

 

 

 

 

4

Index to Pleadings, Volume II re United States of America v. Charleston County

4

 

School District with photocopied court documents (1981-83):

 

 

(1) CCSD: Motion for Protective Order Memorandum and Notice of Filing

 

 

(2) SC: Motion for Protective Order and Memorandum

 

 

(3 )US: Opposition to Motion of CCSD for Protective Order

 

 

(4) US: Opposition to Motion of SC for Protective Order

 

 

(5) US District Court for the District of SC: Notice of Motion Hearing

 

 

(6) Interveners:  Complaint in Intervention

 

 

(7) Interveners: Motion to Intervene and Memorandum

 

 

(8) CCSD: Answer to Complaint in Intervention

 

 

(9) US: Response to Petition for Intervention

 

 

(10) US District Court for the District of SC: Order-Re: Extending time for filing

 

 

        Reply to Motion to Intervene

 

 

(11) CCSD: Response to Motion to Intervene

 

 

(12) SC: Response to Motion to Intervene

 

 

(13) Interveners: Reply to Response of US to Petition for Intervention, to

 

 

       Response of CCSD, and to Response of SC to Motion for Intervention

 

 

(14) Interveners: Motion for Consolidation and Memorandum

 

 

(15) Interveners: Summons and Complaint

 

 

(16) US District Court for the District of SC: Order-Re: Extending Time

 

 

(17) SC: Motion to Dismiss Defendant State of South Carolina

 

 

(18) SC: Response to Motion for Consolidation

 

 

(19) CCSD: Motion to Dismiss of Defendant, CCSD and Memo in Support

 

 

(20) CCSD: Motion and Memo in Support for Order to Extend Time

 

 

(21) US District Court for the District of SC: Order-Re: Granting 15 Day

 

 

        Extension of Time

 

 

(22) SC: Supplemental Response to Plaintiff's Motion to Consolidate and Motion

 

 

        to Intervene

 

 

(23) SC: Supplemental Motion to Dismiss

 

 

(24) SC: Memo in Support of Supplemental Motion to Dismiss and Reply to

 

 

       Plaintiff's Response to CCSD's Motion to Dismiss

 

 

 

 

5

Index to Pleadings, Volume III United States of America v. Charleston County

5

 

School District with photocopied court documents (1983):

 

 

(1)  Interveners: Response in Opposition to Motion for Extension of Time

 

 

(2) Interveners: Response to CCSD's Motion to Dismiss Statement

 

 

(3) Randall Bell: Motion to Withdraw as Counsel, Memo & Affidavit

 

 

(4) US District Court for the District of SC: Order-Re: Permitting Bell to

 

 

      Withdraw as counsel

 

 

(5) Interveners: Motion-Re: Shorten the time in which US must respond to

 

 

      request for Admissions

 

 

(6) US District Court for the District of SC: Notice of Hearing on all pending

 

 

     Motions

 

 

(7) CCSD:  Amended Motion to Dismiss & Memo in Support

 

 

(8) US District Court for the District of SC: Notice of hearing on all pending

 

 

      Motions

 

 

(9) US: Response to Amended Motion to Dismiss

 

 

 

 

6

Index to Pleadings, Volume IV re United States of America v. Charleston County

6

 

School District with photocopied court documents (1983-84):

 

 

(1) CCSD:  Supplemental Memo in Support of Amended Motion to Dismiss of

 

 

      Defendant, Charleston County School District

 

 

(2) CCSD: Corrective Supplemental Memo in Support of Motion to Dismiss

 

 

(3) CCSD, SC & US:  Joint Motion to Modify Discovery Limitation

 

 

(4) Interveners: Amended Complaint in Intervention

 

 

(5) CCSD: Answer to Amended Complaint of Interveners

 

 

(6) CCSD: Answer to Complaint of US

 

 

(7) State Budget & Control Board: Motion to Dismiss Amended Complaint in

 

 

      Intervention & Memo in Support

 

 

(8) State Superintendent & State Board: Motion to Dismiss Amended Complaint

 

 

      in Intervention & Memo in Support

 

 

(9) SC: Answer to Complaint of US

 

 

 

 

7

Index to Pleadings, Volume V re United States of America v. Charleston County

7

 

School District with photocopied court documents (1984-85):

 

 

(1) US District Court for the District of SC: Order-Re: Gag Order

 

 

(2) SC: Motion to Modify Gag Order to Include SC

 

 

(3) US District Court for the District of SC: Order-Re: Extension of Time

 

 

(4) US:  Memo in Opposition to SC's Motion for a Protective Order

 

 

(5) US District Court for the District of SC: Order-Re: Pretrial Order

 

 

(6) SC: Answer to Amended Complaint in Intervention

 

 

(7) CCSD: Motion to Compel Documents & Memo in Support

 

 

(8) CCSD: Motion to Compel Documents & Memo in Support

 

 

(9) SC:  Motion for Protective Order and Memo in Support

 

 

(10) US: Response to Motion to Compel Production of Documents

 

 

(11) CCSD: Motion for Protective order and Memo In Support

 

 

(12) US:  Motion to Compel Testimony and Memo in Support

 

 

 

 

8

Index to Pleadings, Volume VI re United States of America v. Charleston County

8

 

School District with photocopied court documents (1985-86):

 

 

(1) CCSD: Motion to Compel Answers to Interrogatories and Memo

 

 

(2) CCSD: Supplemental Memo to Motion to Compel Production of Documents

 

 

(3) US: Response to Motion to Compel Answers to Interrogatories

 

 

(4) US: Response to Supplemental Memo to Motion to Compel Production of

 

 

      Documents

 

 

(5) CCSD: Motion to Compel Interveners to Answer First Interrogatories and

 

 

      Memos

 

 

(6) CCSD: Memo in Opposition to US Motion to Compel Testimony and Reply to

 

 

      Opposition to CCSD's Motion for a Protective Order

 

 

(7)  Interveners: Response to CCSD's Motion to Compel Production of

 

 

       Documents and Answers to Interrogatories

 

 

(8) CCSD: Supplemental Memo to Motion to Compel Discovery

 

 

(9) SC: Memo in Opposition to US Motion to Compel Testimony and Reply to

 

 

     Opposition to CCSD's Motion for a Protective Order

 

 

(10) CCSD: Motion to Require Pre-trial Submission of Proposed Findings of

 

 

        Fact & Conclusions of Law, Affidavit of Al Lindseth and Memo

 

 

(11) US District Court for the District of SC: Order re: Legislative Privilege

 

 

(12) CCSD: Motion to Consolidate Actions

 

 

(13) SC: Memo in Opposition to Consolidation

 

 

 

 

9

Index to Pleadings, Volume VII re United States of America v. Charleston County

9

 

School District with photocopied court documents (1984-85):

 

 

(1) US:  Response to Motion to Consolidate Actions

 

 

(2) US District Court for the District of SC: Order re: Consent for Production of

 

      Documents

 

 

(2a) US District Court for the District of SC: Status Conference

 

 

(3) US District Court for the District of SC: Order re: Denial of Motion to

 

 

      Consolidate Coker Case

 

 

(4) CCSD: Motion for Protective Order Prohibiting Taking of Deposition and

 

 

      Memorandum and Affidavit: Alice F. Paylor

 

 

(5) SC: Motion for Protective Order Prohibiting Taking of Deposition

 

 

(6) CCSD: Affidavit of Alice F. Paylor re: Gibson Deposition

 

 

(7) US: Response to Motion for Protective Order

 

 

(8) CCSD: Motion to Compel Production of Documents

 

 

(9) US: Response to CCSD's Motion to Compel Production of Documents

 

 

(10) CCSD: Memorandum in Support of Motion to Compel

 

 

 

 

10

Index to Pleadings, Volume VIII re United States of America v. Charleston County

10

 

School District with photocopied court documents (1986-87):

 

 

(1) USA: Response to CCSD's Motion to Compel

 

 

(2) US District Court for the District of SC: Order re: Public Statement

 

 

(3) US District Court for the District of SC: Status Conference

 

 

(4) US District Court for the District of SC: Notice of pre-Trial and Trial

 

 

(5) SC: Motion to Amend Answers

 

 

(6) US District Court for the District of SC: Notice of Hearing on Motion to

 

 

      Compel

 

 

(7) SC: Motion for Protective Order and Memorandum

 

 

(8) CCSD: Pretrial Brief

 

 

(9) CCSD: Motion to Compel Answers to CCSD's Third Interrogatories to

 

 

     Plaintiff's Interveners

 

 

(10) Plaintiff-Interveners (P-I): Motion for Enlargement of Pretrial Schedule

 

 

 

 

11

Index to Pleadings, Volume IX re United States of America v. Charleston County

11

 

School District with photocopied court documents (1987):

 

 

(1) Plaintiff-Interveners: Response to Motion to Compel

 

 

(2) SC: Memorandum in Opposition to Motion for Enlargement of Pre-Trial

 

 

     Schedule

 

 

(3) CCSD: Return to Motion for Enlargement of Pre-Trial Schedule

 

 

(4) US: Response to SC's Motion for Protective Order and US's Motion to

 

 

      Compel Production and Memorandum

 

 

(5) US District Court for the District of SC: Notice of Re-scheduling trial date

 

 

(6) CCSD: Motion for Protective Order and Memorandum in Support

 

 

(7) CCSD: Supplement to Pretrial Brief

 

 

(8) Plaintiff-Interveners: Motion to Compel and Memorandum

 

 

(9) CCSD: Memorandum in Opposition to P-I's Motion to Compel

 

 

 

 

12

Index to Pleadings, Volume X re United States of America v. Charleston County

12

 

School District with photocopied court documents (1987):

 

 

(1) CCSD: Motion in Limine and Memorandum

 

 

(2) P-I: Motion for Reconsideration of Ruling on Motion in Limine and for a

 

 

     Continuance

 

 

(3) US District Court for the District of SC: Notice of Resumption of Trial

 

 

 

 

13

Index to Pleadings, Volume XI re United States of America v. Charleston County

13

 

School District with photocopied court documents (1987-88):

 

 

(1) US District Court for the District of SC: Order re: Filing

 

 

(2) CCSD: Memorandum in Opposition to Motion for Reconsideration and

 

 

     Continuance

 

 

(3) CCSD: Supplementary Pre-Trial Brief

 

 

(4) P-I: Motion to Withdraw Barbara M. Wolvovitz as Counsel

 

 

(5) US District Court for the District of SC: Order re: Relieving B. M.

 

 

     Wolvovitz as Counsel

 

 

(6) US District Court for the District of SC: Notice of Hearing on 2/18/88 and

 

 

      2/19/88

 

 

(7) US District Court for the District of SC: Consent Order

 

 

(7a) US District Court for the District of SC: Order re: Dr. Burke to Appear

 

 

(7b) US District Court for the District of SC: Consent Order

 

 

(8) US District Court for the District of SC: Notice to Trial

 

 

(9) CCSD: Motion to Dismiss and Memorandum

 

 

(10) SC: Motion to Dismiss and Memorandum

 

 

(11) US District Court for the District of SC: Notice of Resumption of Trial

 

 

(12) US District Court for the District of SC: Notice of Resumption of Trial

 

 

 

 

14

Index to Pleadings, Volume XII re United States of America v. Charleston County

14

 

School District with photocopied court documents (1988):

 

 

(1) US District Court for the District of SC: Notice of Hearing

 

 

(2) US: Response to Motion to Dismiss

 

 

(3) P-I: Brief in Opposition to Motion to Dismiss

 

 

(4) CCSD: Motion to Compel and Memorandum

 

 

(5) US: Response to the CCSD's Memorandum of Law in Support of Motion to

 

 

     Compel

 

 

 

 

III

Discovery

Box# 3

 

 

Folder

1

Index to Discovery Volume I re United States of America v. Charleston County

1

 

School District with original and photocopied court documents (1981, 83):

 

 

(1) US:  First Request for Admission to SC

 

 

(2) US: Notice of Deposition: CCSD

 

 

(3) SC: Response to Request for Admission of Facts

 

 

(4) Interveners Request for Admissions to US

 

 

 

 

2

Index to Discovery Volume II re United States of America v. Charleston County

2

 

School District with photocopied court documents (1981, 83):

 

 

(1) US: Response to First Requests for Admissions of the Applicants for

 

 

     Intervention

 

 

(2) US: Request for Production of Documents

 

 

(3) CCSD: Response to US Request for Production of Documents

 

 

(4) CCSD: First Interrogatories to US

 

 

(5) US: Response to US to CCSD First Interrogatories

 

 

(5a) US: Second Request for Admission to SC

 

 

(6) SC: Response to US Second Request for Admissions

 

 

(7) US: Third Request for Admissions

 

 

(8) US: Second Request for Production of Documents

 

 

(9) CCSD: Response to US Second Request for Production of Documents

 

 

(10) CCSD: First Request to US for Production of Documents

 

 

(11) CCSD: First Interrogatories to US

 

 

(12) CCSD: First Interrogatories to Plaintiff-Intervener

 

 

(13) CCSD: Response to US Third Request for Admission

 

 

(14) CCSD: First Request to P-I for Production of Documents

 

 

 

 

3

Index to Discovery Volume III re United States of America v. Charleston County

3

 

School District with original and photocopied court documents (1985):

 

 

(1) US: Notice of Deposition: J. Kerrey and J. Parrish

 

 

(2) US: Response to CCSD First Request for Production of Documents

 

 

(3) US: Notice of Deposition: CCSD Custodian of Records

 

 

(4) P-I: Response to CCSD Request for Production of Documents

 

 

(5) US: Notice of Deposition: Thomas Hartnett

 

 

(6) SC: First Interrogatories to US

 

 

(7) SC: First Interrogatories to P-I

 

 

(8) SC: First Request to P-I for Production of Documents

 

 

(9) SC: First Request to P-I for Production of Documents

 

 

(10) US: Notice of Deposition: Bourne, Figg, Guerard and Craven

 

 

(11) US: Response to CCSD's First Interrogatories

 

 

 

 

4

Index to Discovery Volume IV re United States of America v. Charleston County

4

 

School District with original and photocopied court documents (1985):

 

 

(1) P-I: Answers to CCSD First Interrogatories

 

 

 

 

5

Index to Discovery Volume V re United States of America v. Charleston County

5

 

School District with original and photocopied court documents (1985-86):

 

 

(1) US: Response to SC's Request for Production of Documents

 

 

(2) US: Response to SC's First Interrogatories

 

 

(3) P-I: Answers to SC First Request for Production of Documents and First

 

 

     Interrogatories

 

 

(4) US: Interrogatories to SC

 

 

(5) US: Notice of Deposition G.C. Frampton

 

 

(6) CCSD: Notice of Deposition G.C. Frampton

 

 

(7) CCSD: Notice of Deposition G.C. Frampton

 

 

(8) US: Notice of Depositions:  Craven, Guerard, Scarborough, Turner,

 

 

       Krawcheck, Bourne, Hartnett and Frampton

 

 

(9) SC: Response to US First Request for Production of Documents

 

 

(10) US: Notice of Deposition: J. McGee

 

 

(11) US: List of Schools: Continuing Vestiges of the Dual System

 

 

(12) SC: Answers and Objections to Interrogatories

 

 

(13) US: Supplemental Answers to Interrogatories

 

 

(14) US: Second Set of Answers to Interrogatories of SC and CCSD

 

 

(15) US: Third Supplemental Response to Interrogatories of CCSD and SC

 

 

 

 

6

Index to Discovery Volume VI re United States of America v. Charleston County

6

 

School District with original and photocopied court documents (1986-87):

 

 

(1) CCSD: Second Request for Production of Documents to US

 

 

(2) US: Response to CCSD's Second Request for Production of Documents

 

 

(3) US: Fourth Supplemental Response to Interrogatories

 

 

(4) CCSD: Third Request for Production of Documents of US

 

 

(5) CCSD: Notice of Deposition: Lamar Clements

 

 

 

 

7

Index to Discovery Volume VII re United States of America v. Charleston County

7

 

School District with original and photocopied court documents (1987):

 

 

(1) CCSD: Notice of Deposition: Lamar Clements (4/26/87)

 

 

(2) CCSD: Notice of Deposition: Lamar Clements (4/23/87)

 

 

(3) SC: Second Interrogatories to US and P-I

 

 

(4) CCSD: Response to USA's Stipulations

 

 

(5) CCSD: Notice of Deposition: R. Ganaway, R. Gadsden, C. Williams, L. Brown

 

     H. Ancrum, I. Simmons, L. Bonneau and M. Lockhart

 

 

(6) CCSD: Request for Admission

 

 

(7) US: Response to SC's Second Interrogatories

 

 

(8) SC: Response to Request for Admission of CCSD

 

 

(9) CCSD: Second Request for Admission of CCSD

 

 

(10) SC: Response to CCSD's Second Request for Admission

 

 

(11) SC: Response to USA's Proposed Stipulations

 

 

(12) P-I: Response to SC's Second Interrogatories

 

 

(13) US: Interrogatories to CCSD

 

 

(14) CCSD: Third Interrogatories to US

 

 

(15) US: Response to CCSD's First and Second Requests for Admission

 

 

 

 

8

Index to Discovery Volume VIII re United States of America v. Charleston County

8

 

School District with original and photocopied court documents (1987):

 

 

(1) US: Plaintiff US Fifth Request for Admission with Exhibit A: Plaintiff US

 

 

      Student, Teacher and Administrator Assignment Charts-Charleston County

 

 

 

 

9

Index to Discovery Volume IX re United States of America v. Charleston County

9

 

School District with original and photocopied court documents (1987):

 

 

(1) US: Response to CCSD's First and Second Requests for Admission

 

 

(2) US: Fourth Request for Admissions

 

 

(3) US: Second Interrogatories to CCSD and SC

 

 

(4) CCSD: Answers to Interrogatories

 

 

(5) US: Third Request for Production to CCSD

 

 

(6) US: Notice of Depositions: CCSD officials

 

 

(7) US: Notice of Deposition: State of SC with Charleston District Quality

 

 

     Assessment Report and School List re St. James-Santee Constituent District #1

 

 

     (1987)

 

 

 

 

10

Index to Discovery Volume X re United States of America v. Charleston County

10

 

School District with original and photocopied court documents (1987):

 

 

(1) SC: First Request for Admissions

 

 

(2) CCSD: Notice of Depositions: M. Sussman

 

 

(3) SC: Answers to Interrogatories of US

 

 

(4) CCSD: Response to US's Request for Admissions

 

 

(5) CCSD: Response to US's Fifth Request for Admissions

 

 

(6) US: Deposition Subpoena: R. Dilligard

 

 

(7) SC: Response to US's Fourth Request for Admissions

 

 

(8) SC: Response to US's Fifth Request for Admissions

 

 

(9) SC: Answers to Second Interrogatories of US

 

 

(10) US: Answer to CCSD's Third Set of Interrogatories

 

 

(11) P-I: Response to Second Interrogatories

 

 

(12) P-I: First Request for Production of Documents to SC

 

 

(13) P-I: First Request for Production of Documents to CCSD

 

 

(14) CCSD: Notice of Depositions: Cohen, Fielding, Major, Miller, Clawson,

 

 

       Cox, Kaynard and Lieberman

 

 

(15) CCSD:  Deposition Subpoena: B. Fielding

 

 

(16) CCSD:  Deposition Subpoena: Kaynard, Clawson, Miller, Major, Cohen and

 

        Cox

 

 

(17) P-I: Notice of Deposition: SC Department of Education Personnel

 

 

(18) CCSD: Answers to Second Interrogatories of US

 

 

(19) CCSD: Notice of Taking Deposition: W. Bufford

 

 

(20) CCSD: Affidavits of Service: Cox, Cohen, Major and Miller

 

 

(21) P-I: Answers to Third Interrogatories of CCSD

 

 

 

 

11

Index to Discovery Volume XI re United States of America v. Charleston County

11

 

School District with original and photocopied court documents (1987-88):

 

 

(1) USA: Notice of Taking Depositions: W. Clark, R. Burke, L. Gaillard, W. Ellis

 

 

      and D. Armor

 

 

(2) CCSD: Notice of Taking Depositions, Subpoenas and Affidavits of Service:

 

 

      Haynes, Fields, Powers, Davis, Anderson, Bonds, Ellington, Linton and Shokes

 

(3) SC:  Response to Intervener's First Request for Production of Documents

 

 

(4) P-I: Supplemental Answers to SC's First Interrogatories

 

 

(5) P-I: Supplemental Answers to SC's Second Interrogatories

 

 

(6) USA: Witness List Supplement

 

 

(7)  P-I: Supplemental Answers CCSD's First Interrogatories

 

 

(8) CCSD: Supplemental Answers to Interrogatories

 

 

(9) CCSD; Response to PI's First Request for Production

 

 

(11) CCSD: Notice of taking deposition

 

 

(12) CCSD: Deposition Subpoenas: Drago and Synnott

 

 

(13) CCSD: Notice of Taking Depositions: Drago and Synnott

 

 

(14) CCSD: Affidavits of Service on: J. Thompson, W. Merriweather,

 

 

        J. Brockington, J. Cook, E. Jenkins, S. Harper, B. Felder and E. Grimble

 

 

(15) CCSD: Affidavits of Service on: M. McKeon and P. Jenkins

 

 

(16) CCSD: Notice of Taking Deposition and Subpoena: M. Synnott

 

 

(17) CCSD: Notice of Taking Deposition and Subpoena: L. Drago                                                                

 

(18) CCSD: Notice of Taking Deposition and Subpoena: A. Brown, E. Robinson,

 

 

        L. Waring, T. Rosengarten

 

 

(19) Court Reporter:  Notice of filing W. Ellis' deposition