Adams v. Richardson

480 F.2d 1159 (1973)

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Nature of the Case

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Facts

Ps sought declaratory and injunctive relief against D to enforce Title VI of the Civil Rights Act of 1964. The Act sets forth two alternative courses of action by which enforcement may be affected. The institution must first be notified and given a chance to comply voluntarily. Although the Act does not provide a specific limit to the time period within which voluntary compliance may be sought, it is clear that a request for voluntary compliance, if not followed by responsive action on the part of the institution within a reasonable time, does not relieve the agency of the responsibility to enforce Title VI by one of the two alternative means contemplated by the statute. D has the power to terminate federal financial assistance and to use any other means authorized by law if the school does not voluntarily comply. Ps claimed that D noticed the schools for voluntary compliance but did nothing to follow up. D counters with the argument that enforcement of Title VI is committed to agency discretion and that review of such action is therefore not within the jurisdiction of the courts. Ps allege that D has consciously and expressly adopted a general policy, which is in effect an abdication of its statutory duty. Both sides moved for summary judgment. The District Court found D's performance to fall below that required of them under Title VI and ordered them to institute specific compliance procedures against a number of public school systems and districts. D appealed.