Appellees argue that the segregation cases do not rule the instant case. ", [3] "Sec.

The two editors were taxpayers contributing to the support of the facilities denied them. Mendez, his mother, and her other four children moved to Westminster, California, in 1919. State of Missouri ex rel. We quote from page 287 of 227 U.S., at page 315 of 33 S.Ct., 57 L. Ed. Lawyers Guild, Los Angeles Chapter, amicus curiæ. See Kennedy v. Miller, 97 Cal.

It is not enough that the federal or state law is violated. To the same intent are the following quotations from Home Tel. To these should be added the third and second generations of succeeding Mexican immigrants to California. §§ 16004, 16005. The evidence shows that approximately 26 pupils of Mexican descent who reside within the Fremont zone are permitted by the School Board to attend the Franklin School because their families had always gone there.

1947) case opinion from the US Court of Appeals for the Ninth Circuit

A paramount requisite in the American system of public education is social equality. The attendance of the pupils shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of State funds. Meyer v. Nebraska, 262 U.S. 390, 43 S. Ct. 625, 67 L. Ed.

Respondents in their answer reassert their position as to the law in the motion to dismiss, and put in issue all of the allegations relating to the subject of segregation.[4]. 838. 1628, 147 A.L.R. The case underscored that the struggle for civil rights in America crossed regional, racial, and ethnic lines. [Citing cases.]" In addition, however, the impossibility of there being any reason for the inclusion in the segregation plan of all children of Latin descent and extraction and the palpable impossibility of its enforcement would brand any such plan void on its face.[9]. Such system is not committed to the exclusive control of local governments. Punishment for the act would be legal under either or both federal and state governments. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions.

8004. Mass., 198,[6] a law providing for the segregation of colored school children was held valid in an opinion by Chief Justice Shaw of the Supreme Judicial Court of Massachusetts, but that equal facilities must be provided for the use of the colored children.

(1) Lopez v. Seccombe, Mayor of the City of San Bernardino, California, D.C., S.D.Cal., 71 F. Supp. Eugenio Nogueros is from Porto Rico, of Latin ancestry, a college graduate, who is an editor and publisher. *547 Are the actions of public school authorities of a rural or city school in the State of California, as alleged and established in this case, to be considered actions of the State within the meaning of the Fourteenth Amendment so as to confer jurisdiction on this court to hear and decide this case under the authority of Section 24, Subdivision 14 of the Judicial Code, supra?
§ 41 (14),[1] and section 43 of 8 U.S.C.A.,[2] and is based upon alleged violations of petitioners' civil rights as guaranteed by the 5th and 14th amendments to the Constitution of the United States. 455; Allgeyer v. Louisiana, 165 U.S. 578, 17 S. Ct. 427, 41 L. Ed. Once this case was won, it opened the door for desegregation of other schools throughout the country, and paved the way for the landmark case Brown v. [4a] The author of this opinion deems it appropriate to note that the case was tried to the distinguished Senior Judge of the Southern District of California, Honorable Paul J. McCormick. For reasons presently to be stated, we are of the opinion that the segregation cases do not rule the instant case and that is reason enough for not responding to the argument that we should consider them in the light of the amicus curiae briefs. 102: "The act in question does undoubtedly discriminate in favor of a certain class of refiners, but this discrimination, if founded upon a reasonable distinction in principle, is valid. Tap to read full story.

8002. (Stephens, C. However, we are not put to this choice as the state law permits of segregation only as we have stated, that is, it is definitely confined to Indians and certain named Asiatics. In Hamilton v. Regents of University of California, supra, and West Virginia State Board of Education v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 1185, 87 L. Ed. Gonzalo Mendez, William Guzman, Frank Palomino, Thomas Estrada and Lorenzo Ramirez, as citizens of the United States, and on behalf of their minor children, and as they allege in the petition, on behalf of "some 5000" persons similarly affected, all of Mexican or Latin descent, have filed a class suit pursuant to Rule 23 of Federal Rules of Civil Procedure, 28 U.S.C.A.
There, where an Illinois election board, in claimed violation of Illinois law, had failed to certify a citizen as a duly elected nominee for a state office, it was held that he was not denied the equal protection of the Fourteenth Amendment.

The defendant Santa Ana School District maintains fourteen elementary schools which furnish instruction from kindergarten to the sixth grade, inclusive. McFarland v. American Sugar Refining Co., 241 U.S. 79, 86, 87, 36 S. Ct. 498, 501, 60 L. Ed. Of course, if such discrimination were purely arbitrary, oppressive, or capricious, and made to depend upon differences of color, race, nativity, religious opinions, political affiliations, or other considerations having no possible connection with the duties of citizens as taxpayers, such exemption would be pure favoritism, and a denial of the equal protection of the laws to the less favored classes." That the acts complained of have been and are being performed under color of state law has been conclusively and affirmatively answered in principle in Home Telephone & Telegraph Co. v. Los Angeles, 227 U.S. 278, 33 S. Ct. 312, 57 L. Ed.

US Court of Appeals for the Ninth Circuit. “Mendez v. Westminster plays an underappreciated role in the struggle for civil rights in the United States.

following section 723c as to class suits.

Acts of officers who undertake to perform their official duties are included whether they hew to the line of their authority or overstep it.

"That by this suit and proceedings, petitioners seek to redress the deprivation by respondents herein [school officials] under color of regulation, custom and usage of petitioners' civil rights, privileges and/or immunities secured to them by the Laws of the United States, and guaranteed to each of them by the Laws and Constitution of the United States of America. There are some few exceptions, but none of them are pertinent here.

588, 23 P. 54. 987, 151 A.L.R. Beyond, all pupils in such district, regardless of their ancestry or linguistic proficiency, are housed, instructed and associate in the same school facility.

1336, L.R.A.1917F, 1163, Ann.Cas.1917D, 973; New York Life Ins.

Ass'n Advancement of Colored People, amicus curiæ. 1453. Thurgood Marshall, and Robert L. Carter, both of New York City, and Loren Miller, of Los Angeles, Cal., for Nat. 8003. No. 544 (S.D.

Advisor), for American Jewish Congress, amicus curiæ. Chas. All petitioners are taxpayers of good moral habits, not suffering from disability, infectious disease, and are qualified to be admitted to the use of the schools and facilities within their respective districts and systems. [Cases cited.] Standardized tests as to mental ability are given to the respective classes in the two schools and the same curricula are pursued in both schools and, of course, in the English language as required by State law. [7] See Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. B. Tietz, both of Los Angeles, Cal., for American Civil Liberties Union, amicus curiae.

270, 48 A.L. v. MENDEZ . The Mendez family joined with others in Orange County, California, to sue four school districts. Gen. of Cal., amicus curiæ. pp. About the year 1920 the Board of Education, for the purpose of allocating pupils to the several schools of the district in proportion to the facilities available at such *551 schools, divided the district into fourteen zones and assigned to the school established in each zone all pupils residing within such zone. Respondents are officers of the State of California in the Department of Education of that state, and as it will hereinafter be *778 shown their action under the intendment of the Fourteenth Amendment is the action of the state in all cases where such action is taken under color of state law.

405, followed with approval.

8501, Education Code. 262, reaffirmed the principle.

While the pattern or ideal of segregating the school children of Mexican ancestry from the rest of the school attendance permeates and is practiced in all of the four defendant districts, there are procedural deviations among the school administrative agencies in effectuating the general plan.


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