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ERIC Number: ED131176
Record Type: Non-Journal
Publication Date: 1976-Jun-25
Pages: 60
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Runyon et ux., DBA Bobbe's School v. McCrary et al. Certiorari to the United States Court of Appeals for the Fourth Circuit: Syllabus. Slip Opinion.
Supreme Court of the U. S., Washington, DC.
This document reports the U.S. Supreme Court Opinion on a class action seeking to reverse the exclusion of Negro children from private schools. Title 42, U.S.C. Section 1981, provides in part that "all persons within the jurisdiction of the U.S. shall have the same right in every state...to make and enforce contracts...as is enjoyed by white citizens...". After they had been denied admission to petitioner private schools in Virginia for the stated reason that the schools were not integrated, two Negro children (hereafter respondents), by their parents, brought actions against the schools. In the opinion of the Court, delivered June 25, 1976: Section 1981 prohibits private, commercially operated, nonsectarian schools from denying admission to prospective students because they are Negroes. Section 1981, as applied in this case, does not violate constitutionally protected rights of free association and privacy, or a parent's right to direct the education of his children. In the absence of Federal statute of limitations for Section 1981 actions or a virginia statute of limitations specifically governing civil rights actions, the Court of Appeals applied the appropriate statute of limitations to bar the damages claim in question. In the absence of any Federal statute expressly providing for attorney's fees in Section 1981 cases, the Court of Appeals properly reversed the award of such fees. (Author/JM)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Supreme Court of the U. S., Washington, DC.
Identifiers - Location: Virginia
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964
Grant or Contract Numbers: N/A