MORGAN V. MCDONOUGH
540 F.2d 527 (1st Cir. 1976)
NATURE OF THE CASE: McDonough (D) sought review of orders that designated a temporary
receiver for the South Boston High School and the transfer of certain members of the
school's staff, as a result of Morgan's (P) complaint to close the high school for violation
of a desegregation plan.
FACTS: In November, 1975, P, representing a class of all black Boston public school
students and parents, moved to close a school, alleging that black students there were being
denied a peaceful, integrated and nondiscriminatory education. The district court found Ps'
basic allegations to be correct, but declined to close the School, ordering instead that it
be placed in the temporary receivership of the court. The purpose of the receivership was to
effectuate as soon as possible 'such changes in the administration and operation of South
Boston High School as are necessary to bring the School into compliance with the student
desegregation plan dated May 10, 1975. The court directed the receiver to (1) arrange for
the transfer of the School's headmaster, full-time academic administrators, and football
coach, without reduction in compensation, benefits, or seniority; (2) evaluate the
qualifications of all faculty and educational personnel and arrange the transfer and
replacement of whomever he sees fit for the purposes of desegregation, without reduction in
compensation, benefits, or seniority; (3) file a plan with the court for the renovation of
the School; (4) try to enroll non-attending students and establish catch-up classes; and (5)
make recommendations to the court relative to certain provisions of the plan. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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