Robert Rosen (b. 1947) Papers (1941 – 1994)
Avery Research Center Manuscript Number 1028
Biographical Note:
The son of Ida and Morris Rosen, Robert N. Rosen was born in
1947 in
Scope and Content: Approximately 26 linear ft. (1941-1994, bulk 1981-1990)
Each series (described separately below) contains court
documents and legal proceedings pertaining to the three court trials of
The plaintiffs then appealed. The case was argued from 1991- 1992; the
court upheld the verdict except in one instance, vacating it and remanding it
back to court where it was originally heard. The one instance hinged on how
student transfers were made at Memminger, then a Magnet School in downtown
After the case was remanded back to the lower court, no
settlement could be reached, so the court had to decide; it ruled that if a
transfer for valid, non-racial reasons, from one district to another,
inadvertently achieves integration or segregation, that transfer was still
valid and not discriminatory. If a valid transfer was denied because of racial
reasons it would constitute a violation of the equal protection clause of the
Fourteenth Amendment; and if a transfer was requested to achieve integration it
would have to be denied, since the court had found the school system to be
already fully integrated. Thus dealing with the issues remanded it, the court
affirmed the earlier rulings that the
The collection primarily follows the original order of the
Rosen, Rosen & Hagood Law Firm, and is divided into six series. The first five – Judgment, Pleadings,
Discovery, Testimonies, and Exhibits (Defendants and Plaintiff-Intervener) -- contain court transcripts, legal
proceedings, reports, memorandums, correspondence and documents pertaining to
the three court trials. The remaining series, Attorney Files, consists of
sub-series of Desegregation Cases, School Board Minutes and Charleston County
School District Correspondence, Charleston County School District Magnet
Schools materials, Numbered Documents, and Miscellaneous Reports
Series I – Judgment (1
linear ft.) Twelve spiral and bound volumes prepared for the second case in
the United States Court of Appeals for the Fourth Circuit re United States & Ganaway et. al. v.
Series II – Pleadings (1 linear ft.) Contains twelve photocopied volumes (1981-88) of court transcripts of pleadings (i.e. allegations made by each party with their claims and defenses). Each volume is indexed and comprises the proceedings of the original case. Pleadings also contains photocopies of the Order (filed June 5, 1990); Judgment (filed June 5 1990); United States as Appellant (Nov 19, 1990); Appellees’ Brief (Jan 3, 1991); Brief for Plaintiffs Appellants (nd); and "Appellees' Brief "( Jan 4, 1991); docket sheet (1981-86); and litigation time line (1981-86).
Series III-Discovery (5.5 linear ft.) Comprises eleven volumes (1981-87) of discovery documents (i.e. part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to “discover” pertinent facts). Each volume is indexed by topic and date indicating civil actions brought forth by the United States of America (US-Plaintiff); Richard Ganaway II, et. al, (Plaintiff-Intervener, P-I); Charleston County School District (CCSD) and the State of South Carolina (SC), Defendants. Discovery includes court transcripts; notice of depositions; subpoenas; request and responses; interrogatories; questions and answers; affidavits; and photocopies of legal briefs. The second box of Discovery (1985-88) consists of photocopied court transcripts, documents and cases re Legislative Privilege (a claim by a high official of the legislative branch that he/she need not answer a request --including a subpoena issued by a court -- for confidential government or personal communications, on the ground that such revelations would hamper effective governmental operations and decision-making); photocopied court cases relating to waivers and informer’s privilege; Rosen’s memorandum re USA v. CCSD one year court delay (1985); reports and memorandums re proposed $21,500,000 CCSD School Building Bond (1986); miscellaneous original and photocopied correspondence between Rosen and Judge Solomon Blatt, Jr. and handwritten attorney notes.
Three boxes of Discovery, contains the sub series of Depositions holding court testimony transcripts and excerpts of P-I, USA, CCSD witness depositions with supporting documents, including photocopies of correspondence, Charleston County School District organizational materials (tables, graphs, charts and maps); legal briefs and newspaper clippings (1982-87). The depositions are arranged in date order with individual indexes highlighting key subjects. Depositions of note include those of Robert McCormick Figg (July 1, 1985) witness for CCSD, attorney and former member of the SC House of Representatives; Charles M. Gibson (Dec 16, 1986), witness for Charleston County School Board (CCSB), former SC State Senator, who introduced Act 340 in 1967; Creighton Frampton (Mar 14, Apr 9, 23, 1986, and Feb 26, 1988) witness for CCSD and retired CCSD County Superintendent; Lawrence Derthick (Oct 22, 1986), witness for USA, former CCSD Superintendent; Richard Ganaway (May 13, 1987) witness for P-I and father and representative of Ganaway II; Rufus L. Dilligard (Aug 20, 1987), witness for USA, chairman of the District 20 School Board; Leckyler Gaillard (Sept 18, 1987) witness for USA, principal of Burke High School, Charleston; Thomas A. Carrere (Sept 22, 1987) witness for CCSD, former CCSD principal; and Alton Crews (Sept 22, 1987) witness for CCSD former CCSD Superintendent. Several depositions include witness exhibits.
Included, as well, in this series is the bound court hearing (September 5, 1985) of attorneys Gregg Meyers and Judith Keith (representing Plaintiff/USA); of Robert Rosen, Morris Rosen and Alice Paylor (representing Defendant/CCSD); Ken Woodington (representing Defendant/State of SC); and Arthur C. McFarland and Theodore M. Shaw (proposed Interveners).
Series IV-Testimonies (2 linear ft.) Photocopied testimony and court documents (1987-88); includes US v. CCSD Testimony Digests listing names of witnesses by day; and indexed summation of US, P-I, and CCSD testimonies, highlighting key points made; photocopies of court transcript testimonies from Day 3 (Oct 8, 1987) to Day 21 (June 14, 1988); and Motions (requests asking a judge to issue a ruling or order on a legal matter). Testimonies of note include those of Augustine Smythe (Day 24) whose study recommended consolidating school districts to provide equalization of funding among them; and expert witnesses for the defense, William Clark (Day 26) and David Armor (Day 32) who investigated Charleston County’s housing patterns, school attendance zones, enrollments and transportation system in regards to the Constituent District boundary lines and alternative desegregation plans for Charleston County.
Series
V-Exhibits: Defendants and
Plaintiff-Intervener (5 linear ft.) Exhibits (supporting evidence) contain
two sub-series: Defendants and Plaintiff-Intervener. An integral part
of plaintiffs' argument was the contention that the SC General Assembly
intended to perpetuate segregation by the passage of Act 340. The court heard extensive testimony and
received numerous exhibits concerning the intent of the General Assembly in
passing Act 340, the “consolidation act,”
upon which plaintiffs' constitutional challenge was based.
Original and photocopied documents numbered 1-57 (1965-1989)
pertaining to defendants’ (Charleston County and State of South Carolina)
exhibits include reports from Charleston County School Board; “Charleston
County Administrative School Survey” (Exhibit #16: 1966); “Act of
Consolidation, Volumes 1-3” (Exhibit #17a-17b: 1967-78); court documents from Millicent Brown vs.
School District No. 20 (Exhibit #18: 1963-81); "Statutes Relating to
Public Education and Schools in Charleston," (Exhibit #22: 1871-1964);
"Memminger Optional School" (Exhibit #48, 1997); and bound photocopies
of Memminger's correspondence, documents and board minutes (Exhibits #49A and
B). Memminger, a small predominantly black school
located in Constituent District 20, was in danger of being closed because of
its declining student enrollment, and District 20, as a whole, was losing many
white students to private and suburban schools. This "model" school
was to operate at the same per pupil cost as other elementary schools in
A separate oversize box contains photocopied and bound defendants exhibits with a handwritten index (Exhibit 24-38: 1953-67), with "Annual Report of the County Superintendent of Charleston County, SC," providing statistics on public school enrollment; district operating funds; building funds; and value of school property (“White and Negro”).
Plaintiff-Intervener exhibits include State Board of
Education (SBE) minutes (Exhibits #101-134: 1941-1957); South Carolina State
Superintendent of Education (SCSSE) annual reports (Exhibits# 301-304:
1951-1958); County Board of Education (CBE) minutes (Exhibits #400-447:
1945-1955); State Educational Finance Commission (SEFC) minutes (Exhibit
#1300-1368: 1954-1961). Additional
exhibits include statistics re
Series VI- Attorney Files (11.5 linear ft.) Attorney
files include original and photocopied reports, memorandums, correspondence,
court cases which Rosen used as supplemental references in defending the
CCSD. This series is divided into five
sub series: Desegregation Cases; School Board Minutes and CCSD Correspondence;
CCSD Magnet Schools materials; Numbered Documents; and Miscellaneous
Reports. Numerous documents within the
series have cross reference numbered
index cards attached which provide an abstract of document.
Desegregation Cases contain photocopied court cases from the Supreme Court Reporter (1951-87) representing a sampling of significant national school desegregation cases used to illustrate extensive problem areas in the Ganaway v. CCSD lawsuit.
Included in this sub series is a “History of Desegregation” (1955-1985) complied by Lisa
Lovinggood, Rosen’s paralegal, which contains photocopied CCSD memorandums,
James Island and Moultrie School board of trustee minutes, reports and
newspaper clippings re the Gibson Bill (Act #340) , CCSD Freedom of Choice
Plan; documents re the Millicent F.
Brown, et. al. v. School District #20, brought
in 1963 to desegregate the schools in the City of
School Board Minutes and CCSD Correspondence sub-series contains school district board of trustees minutes and corresponding memorandums, reports, and documents pertaining to the eight school districts and the individual schools within these districts: St. James-Santee Constituent School District #1 (1974-1987); Moultrie School District #2 (1953-1987); James Island Constituent School District #3 (1960-1987); Cooper River School District #4 (1967-1987); St. Johns Constituent School District #9 (1955-1987); St. Andrews (West Ashley) Constituent School District #10 (1954-1987); Charleston County School District #20 (1952-1987); and St. Paul’s School District #23 (1954-1987). Also included are minutes from the County Board of Education (1951-1983); the State Educational Finance Commission (1951-1956); original and photocopied reports and correspondence between the CCSD and the U.S. Department of Health, Education and Welfare (HEW) re compliance with the Office of Civil Rights and the Emergency School Aid Act (1965-1981); U.S. Department of Justice materials re the Voting Rights Act of 1964, 1965 (1980-81), and data re the Mid-Atlantic/Appalachian Race Desegregation Assistance Center related to race desegregation (1980-81).
CCSD Magnet Schools materials
contain original and photocopied reports, a grant proposal with drafts and
correspondence between CCSD and Department of Education re the Magnet Schools
Assistance Program (1982-87), "magnet
school" denoting a public school "of voluntary enrollment designed to
further integration by drawing students away from their neighborhoods and
private schools through distinctive curricula and high quality."
CCSD initially applied for
Numbered Documents. This series contains photocopied
memorandums and forms from the HEW Office of Civil Rights and Equal Employment
Opportunity Commission (EEOC) re Elementary and Secondary School Civil Rights
Surveys, including Individual School Campus Reports completed by the eight
districts with the
Miscellaneous Reports. This sub-series contains scattered CCSD transportation, promotion and retention rate reports, as well as annual reports; and administration, organizational and facility improvement plans (1968-1989). Additional reports from the Charleston County Planning Board re growth trends, and voter statistics (1966, 1976); City of Charleston housing and crime statistics (1985); and national reports re college degrees awarded (1976-1981, 1984-85); American public school teachers (1985-86); and African American recruitment and retention in the South (1983-87).
Note: A more detailed synopsis of the law cases is available in the repository.
Abbreviations used in the finding aid include the following:
BCD Berkeley
CCPS Charleston County Public Schools
CSCC
EEOC Equal Employment
HEW US Department of Housing, Education and Welfare
JI
MAARDAC Mid-Atlantic/Appalachian
OCR Office of Civil Rights
P-I Plaintiff-Intervener
SCSD South Carolina School Districts
SCSSE SC State Superintendent of Education
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Robert Rosen
Papers |
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Avery Manuscript
Number 1028 |
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Inventory |
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I |
Judgment |
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Folder |
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1 |
Photocopies of the three rulings (1990,1991-92, 1994) from LexisNexis, providing a |
1 |
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summation of each trial |
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2 |
Spiral bound book (1990) of "Joint Appendix Volume I" containing docket sheet |
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(1981-86); the |
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answer of the |
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and trial testimony transcripts from Days 1-8 |
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3 |
Spiral bound book (1990) of "Joint Appendix Volume II," containing trial testimony |
3 |
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transcripts from Days 9, 14-17, and 20 |
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4 |
Spiral bound book (1990) of "Joint Appendix Volume III," containing trial testimony |
4 |
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transcripts from Days 21-22, 24-25 |
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5 |
Spiral bound book (1990) of "Joint Appendix Volume IV," containing trial testimony |
5 |
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transcripts from Days 26-29 |
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6 |
Spiral bound book (1990) of "Joint Appendix Volume V," containing trial testimony |
6 |
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transcripts from Days 30-34 |
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7 |
Spiral bound book (1990) of "Joint Appendix Volume VI," with photocopied |
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Plaintiff-Intervener Exhibits #401-409, 416, 419-421, 424, 426, 428, 432, 715, |
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1433-1434, 1450 and William Ellis deposition (1987) |
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8 |
Spiral bound book (1990) of "Joint Appendix Volume VII," with photocopied |
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9 |
Spiral bound book (1990) of "Joint Appendix Volume VIII," with photocopied |
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10 |
Spiral bound book (1990) of "Joint Appendix Volume IX," with photocopied |
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10 |
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127b, 129; and State of |
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11 |
Spiral bound book (1990) of "Joint Appendix Volume X," with photocopied |
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State of |
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12 |
Bound and photocopied volume (1986) of "Consent Decree" |
12 |
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13 |
Bound volume (1989) of "Defendants' Proposed Findings of Facts and Conclusions of |
13 |
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Law," detailing history, issues, and summary of the trial |
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II |
Pleadings |
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Folder |
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1 |
Photocopied court documents of "Judgment" (filed 5 June 1990); "Order" (filed 5 Jun |
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1990); "Appeal from the |
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Appellant" (19 Nov 1990); "Brief for Plaintiffs Appellants (nd); and "Appellees' Brief " |
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(filed 4 January 1991) |
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2 |
Photocopied litigation time line (1981-86) |
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3 |
Index to Pleadings, Volume I re |
3 |
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(1) |
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(2) |
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(3) |
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Dismiss,
Memorandum and Affidavit of |
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(4) CCSD: Notice of Filing Motion to Dismiss |
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(5) US: Opposition to Motion of CCSD to Dismiss |
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(6) US: Opposition to Motion of SC to Dismiss |
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(7) CCSD: Reply to Plaintiff's Opposition to Motion of CCSD to Dismiss |
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(8) US: Motion for Judicial Disqualification and Memorandum |
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(9) CCSD: Memorandum in Response to Plaintiff's Motion for Judicial |
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Disqualification |
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(10) SC: Memorandum in Response to Plaintiff's Motion for Judicial |
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Disqualification |
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(11) |
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Judicial Disqualification |
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