Herbert E. Kelly, Sr. v. Kenneth Guinn, Superintendent of Schools, Clark County School District

The district court held that elementary schools in the Clark County (Nevada) School District, which includes the City of Las Vegas, were racially segregated. The court ordered implementation of a so-called “Sixth Grade Center Plan” to desegregate the schools. Defendant school officials appeal, asserting that no constitutional violation was established. Plaintiffs cross-appeal, contending that the “Sixth Grade Center Plan” is inadequate, and that the district court erred in failing to award attorneys’ fees and costs. We affirm on both appeals.

At the outset we emphasize that the individual defendants are sued only in their representative capacity as incumbent officials of the Clark County School District. The policies which we hold vi-olative of the Constitution were initiated and implemented primarily by their predecessors. In the words of the district court:

The district court also stated that aspects of defendants’ efforts to eliminate segregation “are useful and disclose an enlightened attitude . . . regarding the social problems inherent in segregated schools.”

We agree with this appraisal.

I

Procedural History

This is a class action under 42 U.S.C. §§ 1981 and 1983…