y.
JL*N JLkX£* ui^iED blAibb iJii)XilJ,v„ :, '_.. i.
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION
^71 (U
DOUGLAS STEPHEN HARRIS,
et al.,
Plaintiffs,
v.
JAMES S. FERGUSON, Chancellor
of the University of North
Carolina, et al.,
Defendants.
Civil No. C-138-G-73
PLAINTIFFS RESPONSE IN
OPPOSITION TO MOTION TO
DISMISS
Now come the plaintiffs in this action and respectfully
oppose the defendants' motion to dismiss their action in this
case. In support of their opposition to the defendants motion
to dismissfthe plaintiffs respectfully show unto the Court:
1. The plaintiffs are members of the student body and the
Student Senate at the University of North Carolina at Greensboro.
They have brought a class action under 42 U.S.C. 1983, 42 U.S.C.
1985, 28 U.S.C. 1343, and 42 U.S.C. 2201 against the Chancellor
and members of the Board of Trustees at the University of North
Carolina at Greensboro and against Leon Chestnut, the coordinator
of the Neo-Black Society at the University of North Carolina and
Melinda Pennix, an officer of the Neo-Black Society. .
2. In their complaint, plaintiffs allege that the Neo-Black
Society is a voluntary organization for students at the University
of North Carolina at Greensboro and receives a substantial amount
of financial aid. The funds provided the Neo-Black Society are
obtained from student fees which are charged to the plaintiffs and
all other full-time students at the University of North Carolina
at Greensboro.
3. The plaintiffs further allege that the Neo-Black Society
has a membership of approximately 145 students, all of whom are
black. The Society, as stated in plaintiffs complaint, has in
the past engaged in and continues to engage in a policy of vigorously discouraging white membership. Affidavits of students who
have been discouraged from joining the Neo-Black Society were
SMITH, PATTERSON, FOLLIN & CURTIS 1
ATTORNEYS AND COUNSELORS AT LAW
[Plaintiffs response in opposition to motion to dismiss]
Date
1973-06-20
Creator
Curtis, Michael Kent
Biographical/historical note
Michael K. Curtis handled the University of North Carolina at Greensboro student senate appeal regarding the reclassification of the Neo-Black Society. He has served as a cooperating attorney for the North Carolina Civil Liberties Union, and is currently a law professor at Wake Forest University.
Subject headings
University of North Carolina at Greensboro
Topics
UNCG Neo-Black Society
Place
Greensboro (N.C.)
Description
This legal filing, dated June 21, 1973, is a response by plaintiffs in the case of Harris et al. vs. Ferguson et al. to a motion to dismiss the case. On March 26, 1973, University of North Carolina at Greensboro (UNCG) Student Government Association (SGA) had voted to reclassify (removed funding and recognition from) the Neo-Black Society. The SGA decision was overturned by university administration on the basis of faulty evidence and improper procedure by SGA, resulting in an eventual legal case that led to the Neo-Black Society's reinstatement as a recognized and funded organization.
Type
text
Original format
reports
Original dimensions
8.5"" x14""
Original publisher
[Place of publication not identified] : [publisher not identified]
Language
en
Contributing institution
Martha Blakeney Hodges Special Collections and University Archives, UNCG University Libraries
Source collection
UA2.8 Chancellor James Sharbrough Ferguson Records
NO COPYRIGHT - UNITED STATES. This item has been determined to be free of copyright restrictions in the United States. The user is responsible for determining actual copyright status for any reuse of the material.
Object ID
UA002.008.0704
Digital publisher
The University of North Carolina at Greensboro, University Libraries, PO Box 26170, Greensboro NC 27402-6170, 336.334.5305 -- http://library.uncg.edu/
y.
JL*N JLkX£* ui^iED blAibb iJii)XilJ,v„ :, '_.. i.
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION
^71 (U
DOUGLAS STEPHEN HARRIS,
et al.,
Plaintiffs,
v.
JAMES S. FERGUSON, Chancellor
of the University of North
Carolina, et al.,
Defendants.
Civil No. C-138-G-73
PLAINTIFFS RESPONSE IN
OPPOSITION TO MOTION TO
DISMISS
Now come the plaintiffs in this action and respectfully
oppose the defendants' motion to dismiss their action in this
case. In support of their opposition to the defendants motion
to dismissfthe plaintiffs respectfully show unto the Court:
1. The plaintiffs are members of the student body and the
Student Senate at the University of North Carolina at Greensboro.
They have brought a class action under 42 U.S.C. 1983, 42 U.S.C.
1985, 28 U.S.C. 1343, and 42 U.S.C. 2201 against the Chancellor
and members of the Board of Trustees at the University of North
Carolina at Greensboro and against Leon Chestnut, the coordinator
of the Neo-Black Society at the University of North Carolina and
Melinda Pennix, an officer of the Neo-Black Society. .
2. In their complaint, plaintiffs allege that the Neo-Black
Society is a voluntary organization for students at the University
of North Carolina at Greensboro and receives a substantial amount
of financial aid. The funds provided the Neo-Black Society are
obtained from student fees which are charged to the plaintiffs and
all other full-time students at the University of North Carolina
at Greensboro.
3. The plaintiffs further allege that the Neo-Black Society
has a membership of approximately 145 students, all of whom are
black. The Society, as stated in plaintiffs complaint, has in
the past engaged in and continues to engage in a policy of vigorously discouraging white membership. Affidavits of students who
have been discouraged from joining the Neo-Black Society were
SMITH, PATTERSON, FOLLIN & CURTIS 1
ATTORNEYS AND COUNSELORS AT LAW
