Board of Education of Oklahoma City v. Dowell

"[1] In 1961 black students and their parents sued the Board of Education of Oklahoma City to end the de jure dual school system.In 1977 the Board filed a "Motion to Close Case" which was granted after the Court found that "substantial compliance with the constitutional requirements had been achieved": "The School Board, under the oversight of the Court, has operated the Plan properly, and the Court does not foresee that the termination of its jurisdiction will result in the dismantlement of the Plan or any affirmative action by the defendant to undermine the unitary system so slowly and painfully accomplished" After demographic changes in 1984 and improved residential integration black students were bussed to more distant schools.On remand, the District Court found that demographic changes, private decision making and economic factors were too attenuated from the system of de jure segregation.Despite the District Court's finding of unitariness made in 1977, the Appeals Court held that "an injunction takes on a life of its own" and the injunctive remedy would remain in effect permanently or indefinitely under United States v. Swift & Co. unless a showing of a "grievous wrong evoked by new and unforeseen conditions" was made.They remanded the case for the District Court to decide if the Board made a sufficient showing that they were compliant with the decree in 1985 when the SRP was adopted, including good faith compliance with the decree and elimination of the "vestiges of past discrimination" based on the Green factors.

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