Diaz

I. PROCEDURAL HISTORY

Plaintiffs, parents of Spanish-surnamed American children attending public school in the San Jose Unified School District, bring this action on behalf of themselves and all others similarly situated. They charge that defendants, the San Jose Unified School District, its Superintendent, and members of its Board of Education, have purposefully operated and maintained a segregated public school system in violation of the Fourteenth Amendment. Defendants admit the existing racial imbalance in the school system, but argue that ethnic imbalance results not from defendants’ intentional conduct but from demographic and residential patterns over which they have no control. Jurisdiction is vested in this court by 28 U.S.C. §§ 1343 (3), 1343(4) and 42 U.S.C. § 1983 .

On November 4, 1971, plaintiffs instituted this action and sought a temporary restraining order and a preliminary injunction to restrain defendants from completing construction of the following schools until the court could determine the merits of this case:

On November 4, this court denied plaintiffs’ ex parte application for a temporary restraining order and issued an order to show cause.…