District Court Opinion in Brown v. Board of Education of Topeka

A three-judge panel at the U.S. District Court in Topeka unanimously held that “no willful, intentional or substantial discrimination” existed in Topeka’s schools. Their opinion states: "We are accordingly of the view that the Plessy and Lum cases, supra, have not been overruled and that they still presently are authority for the maintenance of a segregated school system in the lower grades."

The District Court decision was appealed and became part of the groundbreaking Brown v. Board of Education Supreme Court decision.

Transcript

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

OLIVER BROWN, ET AL.,
Plaintiffs,
v.
BOARD OF EDUCATION OF TOPEKA,
SHAWNEE COUNTY, KANSAS, ET AL.,
Defendants

Civil Action
No. T-316

[stamp on the right side of the page]
ENTERED AUG 3 1951 
HARRY M. WASHINGTON, Clerk 
By Harry Paskard
Deputy

Messers. John Scott, Charles Scott, Robert L. Carter, Jack Greenberg and Charles E. Bledsoe for Plaintiffs;

Messrs. George Brewster and Lester Goodell for Defendants.

Before HUXMAN, United States Circuit Judge, MELLOTT, Chief District Judge, and HILL, District Judge.

HUXMAN, Circuit Judge, delivered the opinion of the Court.

---

We are accordingly of the view that the Plessy and Lum cases, supra, have not been overruled and that they still presently are authority for the maintenance of a segregated school system in the lower grades.

The prayer for relief will be denied and judgment will be entered for defendants for costs.

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