Bell, et al v. Tensas Prsh Sch Bd

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United States Court of Appeals
Fifth Circuit
F I L E D
June 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30428
Summary Calendar
PLES BELL, ET AL
Plaintiffs
PLES BELL; WOODROW WILEY
Plaintiffs-Appellants
versus
TENSAS PARISH SCHOOL BOARD; ET AL
Defendants
TENSAS PARISH SCHOOL BOARD
Defendant - Appellee
Appeal from the United States District Court for
the Western District of Lousiana
(USDC No. 3:75-CV-275)
______________________ __________________________________

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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
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Before REAVLEY, HIGGINBOTHAM, and CLEMENT, Circuit Judges.
PER CURIAM:*1
Ples Bell and Woodrow Wiley filed this school racial discrimination lawsuit in
1975. In March 2005, a related case originally filed in 1969, United States v. Tensas
Parish, was dismissed with prejudice upon a finding that the school district had reached
unitary status. After this dismissal, Bell and Wiley filed a motion for enforcement of
judgment, injunctive relief, and contempt of court- all of which looked to the jurisdiction
and oversight of the federal court in the 1969 suit. Their motion was denied as moot in
light of the earlier order of dismissal in United States v. Tensas Parish. For the following
reasons, we dismiss this appeal as moot and without jurisdiction.
1. A case may become moot if 1) there is no reasonable expectation that the
alleged violation will recur, and 2) interim relief or events have completely and
irrevocably eradicated the effects the alleged violation. County of Los Angeles v.
Davis, 440 U.S. 625, 631, 99 S. Ct. 1379, 1383 (1979). The district court’s
finding of unitary status in United States v. Tensas Parish also impinges on the
facts at issue in Bell, at al v. Tensas Parish.
2. Davis’ first element is satisfied because the population of Tensas Parish, as well as
the organization of the school district serving it and the conduct of the school

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board, are far different from that which existed in the 1970's. For this reason,
there is no reasonable expectation that segregation will be reimposed. Davis’ second
element is satisfied because, under the finding and judgment of the court, the 36-
year duration of the integration order has spanned several generations of school
children in the parish, eradicating the effects of past segregation to the extent
practicable.
3. Insofar as the appeal seeks by filing this brief to contest or appeal the order of
March 2005, it comes too late to confer jurisdiction on this court.
DISMISSED.

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