.•·
IN THE UNITED STATES DISTRI CT COURT FOR Tl'E NORTHERN DISTRICT OF I LLINOIS EASTERN DIVISION DOROTHY GAUTREAUX, ODELL J ONES, DOREATHA R. CRENCHAW, EVA RODGERS, JAMES RODGERS and ROBERT M. FAIRFAX,
) ) )
CIVIL ACTION
) Plaintiffs, )
N0 •
t (,
I._
I
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l/
) )
v.
)
THE CHICAGO HOUSING AUTHORITY, a Corporation, and ALVIN E . ROSE , Executive Director, Defendant s
) ) ) )
I
)
COMPLAINT COUNT I l. t o Title 28,
Juri sdiction of this Cou r t i s invoke d pursua nt
u.s.c. §1343 .
This is an ac tion in equity seeking
re li e f und e r Title 42, U. S . C. §19C3, and Title 2 3,
•
§§2201 and 2202 .
u. s .c .
The rights s ought t o be se cure d in this
ac tion a re rights guaranteed by the due proc e ss and equal I
protec tion claus e s of the Fourteenth Amendment to the Cons titution of the Uni t ed States.and by Title 42,
§§1981 a nd 1983.
u. s .c.
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2.
This i s a proceeding for a dec laration that de -
fendants have carri ed on and are continu ing to carry on a ra cially discriminatory public housing system wi thin the Cit y of Chicago, Illinois, for a permanent injunc tion enj oining defendants fr o m carrying on the racially discriminatory a spects of such
pu~lic
housing system in the future , and f o r other
appr opr iate relief.
3.
Plaint iffs are all Negro citiz ens of the Unite d
States wh o presently resi de in the Ci ty of Chi cago, Illinoi s and are tenants in
"~e gular
family'' public housing projects I (i. e . ,
pr o jec t s for persons other than the elder ly) operated by the defendant , The Chicago H using Authority (the "Au thority " ), or
_J.u
'
have filed, on forms provide d by the Authori ty, written appli ca t i ons for and are e ligible to be housed in, and h a ve a right in accordance with Authorit y Rules to be h oused in, such p r o jects .
4.
Plainti ffs bring this ac tion pursua nt to Rule 2 3 of
the Federal Rules of Civ il Procedure on their behalf and o n behalf of all oth er Negro tenant s a n d applica nts similarly situated . The members of the cla ss on whose
behal~
this suit is broug ht are
s o numerous that joinder o f all members is impra c ticable .
There
are ques tions of law and fact involved c o mmon to th e c las s , the c laims of the plainti ffs as representa tive pa rties are typ ical of the claims of the cl ass, and the plaint i ffs as rep resentative
2.
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parties will fa irl y and adequately protec t the in terests of t he class . / The prosecution of separate acti ons by individual members of the class would create a risk of (A) inconsi s t ent o r varying adj udic ations with respect to ind ividual membe rs of t he class which woul d establish incompa tible s tanda rds o f conduct for the defendan ts, and (B) adjudi cations with respe c t to indi v idua l members of the class which would, as a pract ical matter , be disposit ive of the interests of the other members not parties to the adjudic ations or sub stantial ly impair or I
impede their ability to protect their interes ts.
Defendant s
have acted, in all respects stated herei n , on gr ounds generally applicable to the cla ss, thereby making
~pp ropriate
final
declara tory and injunctive relief with r espect to the class as a whole .
5.
Defenda nts are the Authori ty, a municipal
corpo ra tio n org aniz ed and existing under the laws of the State of Illinois and its Executive Director .
The principal of fice
o f the Authority is lo cated in Chicago, Illinois .
The p ubl ic
housing facilities in the City of Chicag o are under t he jurisdiction, management and contr ol of the defendants.
6.
'
Under the laws of the Sta te of Illi nois the Auth or -
ity has the power and th e duty to engage in low-rent hou sing
3.
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~~
projects~
'-...;:.
which activity is declared by s uc h laws to be a govern-
mental function esse n t "a l t o the publ ic interest.
7.
Under t he la ws of the Sta t e of Illinois the
Author i ty has t he powe r a nd the duty to selec t and acquire r e al property as sites for re gul ar family p ublic housing projects in the City of Chicago, bu t suc h sites, wh en selected by the Aut hor ity, may not be acquire d by it until th e Authority has advised the City Council of the Ci ty of Chicago (the
11
City Council " ) of
the description of the sites propos ed to be acquired and the Ci ty Council has approved the a c q uisition the reof by the Authority. The statute of the State of Ill i no is which requires such _approval by the City Council (Ill.Rev . Stat s., Ch . 67-1/2, ยง9) was enacted and became effective in 1949.
8.
During the period fr om 1950 to the present, t he
applicants for and te nants of regula r family public housing projects of the Author ity ha ve bee n pr e dominantly Negro.
At
present, approximatel y 93% of the applica nts for regular famil y public housing projec ts whose names app ear on the Authority' s waiting list therefor
a re Negro , and a pprox imately I
90%
of t he
tenants in such project s a re Negro.
9.
With re spec t t o residence the City of Chicago is,
and continuously since 1950 has been, highly segregated along
4.
• racial l ines .
At th e time of the fi ling of thi s Comp l a int,
Negro es number ing approximately 1,000 , 000 pers ons constituted over 25% of the total population of Chicag o.
At suc h ti me
over 85% of all Negroes living in Chicago r e s ided in neighbor hoods the racial composit ion of which was all Negro or sub s t antia lly all Negro (hereinaft er "Negro neighb orhoods " ). During the entire period from 1950 to the pr esent, over 75 % of all Ne groes living in Chicago re s ided in Negro neighborhoods . Such Negro neighborhood s were and are pred o mi nantly large and c ontiguous, and not s mall and scattered , and they constitut e
l
compac t, segregated areas of Negro residenc e the bulk of whic h is known as the Negro Ghetto. 10 .
Such l arge scale residential segregation of
Negro es with in the Negro Ghetto in Chicag o has had and will continue to have h ighly detrimental effects upon Negro es l iving there in , i ncluding the fol l owing: ( a)
Physical isolation from and lack o f s o cia l contact with the large r predomi nantly white community within which the Negr o Ghetto is located genera te , among Negro r e sidents the reof, feelings of inf eri ority as to their status in the community that affect = their hea r ts and minds
s.
, I
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in a way unlikely ever to be und one .
The
separation of the races js us ually interpreted as denoting the inferiority of the Negro group, and th e sense of infer iority thus imparted to r esidents of the Neg ro Ghetto detrimentally affects their mot ivation and th eir ability to become useful memb ers of th e s ociet y at large, and has a tendency to retard their educational, social and po litical development. Such feelings of inferior ity and
1
0
ther detrimental
effects have been and are produced by the Negro Ghetto in Chi cago . (b)
Physical isol ati on from and lack of social contact with the larger pred ominantly white community within which the Negro Ghetto is located result s , and has res ulted in Chicag o, in a pervasive life pattern of pathology marked by igno rance, fear, raci al
misunde~stan d in g,
broken homes, illegitimacy, ;de linquency. drug addiction, hatred and vio lence, all of which cripples and destroys g reat number s of persons living wi thi n the Negrc Ghetto .
6.
I
...__J
(c)
Segregation in education invaria bly occ u rs where Negroes are residentially segrega ted and such ,ed ucationa l segregation has occurred in Chicago and has .followed the ge og raphic pattern of the res idential segrega tion hereinabove re.ferre d to.
At the time o.f the .filing o.f
this Compl aint approximately 90% o.f the Negroes at tend ing elementary schools and appr?ximately 70% of the Negr o es attend i ng hig h schools in Ch icago attended seg regated Negro schools
-
i.e., sch oo ls wh ich were all Negro
or substantially all Negro.
Suc h educational
segregation is harmful to chi ldren attending such s chools, generates fee lings of in fe riority as to their status in the community that affects their hearts and minds in a way unlikely ever to be undone, res ults in
i n~
ferior education for such chil dren , a nd detrimentally affects their motivations and their ab ility to become useful adult members of the society at large .
(d)
As is s tat ed in Executive Order No . 11063 of the Presi dent of the United Sta tes,
"discriminatory
poli cies and practices result in segregated pat terns of housing and necessari ly produce other forms of discrimination and segregation which depri ve many Americans o f equal o pp ortunity in th e exercise of their inalienabl e righ ts to li fe , liberty, and the pursuit of happ iness . "
The Negro Ghe tto in Chic ago is I
one such se g r egated pattern, has produced and c ontinu es now to produce suc h other forms of discrimination and segregation and has cause d and continue s now to cause such deprivati o n of opp o rtunity to the residents thereof . ll .
Since 1950 and prior to Ap ril 7, 1965, nume rous
sites were selec ted by t he Authority, appr oved by the City Council , and acquired by the Authority for the purpose of e recting regular famil y public housing pr ojects thereon. Foll owing such acquisition the Authorit y ;e_rec te_p regular fami ly public housing pro j ec ts on suc h s ites c onsi sting o f hund reds o f dwe lling units and housing tho usands o f tenants, and the Authority presen tly maintains and operates the same .
8.
12 .
Su bstantially all of sa i d numerous si t es
s el e cted for reg u lar fa mily public hous i ng pro jec t s b y t he Authorit y a n d a ppro ved by t he City Counci l s ince 1 950 a n d pri or to Ap ril
7, 1 965, were i n neig h b o r h ood s which were a t
the time o f s u ch se l ection, a n d are n ow, Ne g ro n eigh bo rh o od s , a nd wer e and are within t he areas known as the Negro Ghe tto . 13 .
Prior to Apr i l 7, 1965 , the Auth o r i t y se l ect ed ,
a nd on o r s hortly prior to Apr.il
7, 1 965, the Ci t y Cou n c i l
a pproved site s f or t he fol lowi ng descr ibed p ropos e d n ew regular fa mily publi c hou sing pr o jec t s : l .
Pr o j ec t 2 - 1 2 , Washtenaw & 12 t h Pla c e , 201 dwe l ling uni t s .
2.
Pr oject 2 - 2 7, Adams a nd Wo o d Av e nues, 105 dwelling u nits .
3.
Pr oj ect 2 - 2 8 , S i x Scattere d Si te s , 24 1 d we l ling uni ts.
4.
Proje c t 2 - 32 , 4 3rd and Pr i ncet on, 4 4 4 dwell ing un it s .
In ad di t i on , prior t o Ap ri l 7, 1 965 th e Au t h ority se l ec t ed Pr o ject 2 - 33 , Pe r s h ing Ro ad and Co ttag e Gr ove Avenu e , f o r e xpans i o n, i nvolv ing t h e c o ns t ruc t ion of 6 06 add i t i o nal dwelling u nits at o r a d jacent to the s ite of su ch p r o je ct . Said pro p osed pro jects a n d t he p ropose d expansi on o f Pr o ject 2 - 3 3 are h e r eina fter col lec ti vely re f erred t o as t he '! F i ve Prop osed Pro j ect s . ,.
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Ea c h of th e s ites f or the Fi ve
Pr o p o se d Projects is i n a n e i ghb o rho o d wh ic h wa s at the t ime o f s e l e ction and is n ow a Negr o n eigh borhood, and was and is with i n the area s known as the Neg r o 14.
~hetto .
The Fi ve Pro p o sed Pr ojects a r e large scale
pu blic housing pro jects d es i g n e d an d i n tende d t o prov id e in t re a ggre ga te approxi ma tely 1, 600 ne w dwe ll i ng u n it s for t he h ous ing of thousand s o f pub li c housing te n a nts as follo ws : 2 - 15 s to r y 1 - 1 4 story 4-8 story 5-7 s tory
l - 13 ~ tory 1 - 10 s tory 22 - 3 st o r y l - 2 s tory
buil d i ngs buildi ng bu il dings b uilding s
buil di ng buil di ng buil d ing s buil d ing
Construction of th e Five Pro p o se d Projects h a's not yet begun . 15 .
In 1966 t he Auth or ity selec te d a n d s ub mi tt ed
to the City Cou nc il for appro va l twe lve add iti on a l si t es for twelve propos e d a dd it ion a l regu la r fa mily p ub l i c housing projec t s , des i g ne d a nd in t ended to pr ovide i n the aggre ga t e approximate ly 1, 300 dwe ll ing u nit s f or the h ousi ng of t ho u s an ds of pub l ic hous ing t ena nt s .
Elev en o f the s ite s for s ai d
t welve pro p osed pro jects (here i nafter路 colle ctive ly r e ferred t c a s the
11
Twe lve Proposed Proj ects" ) are l o ca t e d in the Woo d l aw n ,
Oakw ood , Law n d ale a n d . East Garfi el d Pa rk are as o f Chi cag o, and the t welfth sit e i s l ocate d at il8th St r eet and Wo od Ave n ue .
On or abou t July 11, 1 966 , the City Council a p p r o ve d
10 .
11 of su ch sites .
Each of the sites f or the Twelve Propo sed
Projects is in a ne ighborhoo d which wa s at the time o f selec tion and is now a Negr o neighb o rh ood, and was and is wi thin the areas known as the Negro Ghet to . 16.
Since 1950 substantially a ll of th e site s
se lected by the Autho rity for regular fam ily public hou s ing projects have been in Negro neighborhoods and wi fuin the a reas known as th e Negro GhettD becaus e the Authorit y h as deliberatel y chosen sites f or suc h pr ojec ts which wou ld avoid the placeme nt of Negro families in white neighborhoods. Af ter 1949 the Autho rity sold and did not bui l d regular fa mily pub lic housing pro jects upon sites p revious l y acquired by it in wh ite neighborhoods, because t he Aut hori ty d eli bera tely determined not to submit any sites for Cit y Council approval of regular family public housing projec ts which would r esul t in th e p l acemen t of Ne gr o families in whi te neighborhood s . 17 .
The Author ity deliberately chose Negro neighborhoods
for each of the sites for the Five Propos ed Projects and for th e Twe lve Pro posed Proje cts to a void the pla cemen t of I
Neg ro families in white neighb orhoods .
18 .
The effec t of the selecti on o f sites by
the Auth o r ity in Negro neighborhoo ds upon Negro applicants f or and tenants of re gu l ar family public housing proj ects
ll.
has been and continues t o be that: (a)
Such appli cants and tenants , if they choose to li ve in defendant 's public .h ousing facilities at all, have be en and are forced to resi de within the Negro Ghetto in the City of Chicago, and have been and are denied the opportunity to reside in pub lic housing facilities i n white neighb orhoods;
(b)
Existing pa tt erns of Negro reside ntial and I
school segre gation in the City of Chicago have
~e en
and are continued and strengthe ned
and the detrimental effects and evil con sequences of such segregati on. all as alleged in Paragraph 10 hereof, are e nlarged and imposed upon such applicants and tenantsj and (c)
The impact of such detrimenta l effects and evil consequences. as alleged in paragraph 10 hereof, upon such applicants and tenants.路 is the greater because. by reas on of the site selection policies hereinabove d escribed. such impact a ppears to have the force and sanction of law .
12.
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19.
By r路eason of the fa c ts hereinab ove a lle ged ,
construction of th e Five Proposed Projec ts and of the Twelve Proposed Proje ct s on the si tes se l ec ted therefor , and per pe tua tion thereby of defendants' rac ially disc riminatory public housing system,
(a ) will force plaintiffs and the c la ss
they represent to li ve exclu sively in Negro nei ghborh ood s withi n the Negro Ghet to if th ey choose to live in defendants' pub lic housing facilitie s at all ,
(b) wi ll prec lud e plainti ffs
and the class they repre sent from having the opportunity t 0 reside in public housi ng facilities in wh ite re i ghb orhoods , and (c) will continue and strengthen ex isting patterns of reside ntial and school segregation in the City o f Chicago and impose the evil conseque nces thereof, al l as a lleged in paragraph 10 hereof, u pon plaintiffs and the class they represent . 2 0.
By reason of the facts here inabove al le ged
the rig hts of plaint iffs and the class they represent under the d ue pr ocess and equal protection c l a us es of the Fourt ee nth Amendment to the Constitution of the Unite d State s, and under Title 42, U. S .C. 搂搂l9El and 1983, have been and are being violate d by defendants, and plai ntiffs and the class they represent have suffered a nd wi ll continue to suffer irreparable injury .
Plaintiffs and the cla s s they rep resent
13 .
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_).
h a ve no adequa te reme dy a t law t o redres s the grievances set forth . WHEREFORE, Pl aintiffs pray :
(1)
That aft er a fu l l hear i ng this Cou r t
d e c lare th a t defendant s h ave been and a r e ca rrying on a ra c ially discriminatory public housing sys tem within the City of Chicago , Illinois , that such sys t em is in viola tion of the rights of plaintiffs a nd t he class they re present under the due process and equa l
p r ot~ction
clauses
of the Fourteenth Amendment to the Co ns titution of the United States, and unde r Title 42 , U. S . C.
§§1981 and
1983, and that plaintiff s and the clas s they repre s ent have t he ri ght under said Amendment and Tit l e to ha v e sites for regular family housing pro jec t s in t he City of Chicago se le c ted in such location s as wil l al l ev iate and mitigate, n ot continue and streng then, existing
pat t er1.~
of Negro
r esidential and school s egregation in th e City of (2)
Chi c ~ g o .
That af te r a full hearing this Court per -
manently enj o in defendants from carrying on and perpetuating the racially discriminatory aspects of their public housing s y s tem within the City o f Chicago, and fr om
14 .
c on stru~ting
the Five rroposed Projec ts and the Twel ve Proposed Projects on any si tes which h ave been selected in a rac ially discrimi natory manner, or which will hav e the effect of continuing and streng thening existing pat terns of Negro res i den tial and school segregation in the City of Chicago ; (3 )
That after a ful l hearing this Court order
defendan ts to submit for the approval of this Court a compre ' hensive plan for ~ he selection of future s ites in defendant s
1
pub lic housing syst em which would elim inate the discriminato ry aspects of s uch syste m, and retain jurisd iction until the same is effectively car ried out and completed; and (4)
That p la intiffs and the c lass they represent
be given s uch other and further relief as the Court may dee m just and equitable .
COUNT II 1.
Jurisdi ction of this Court is invoked pursuan t
to Tit le 28, U. S.C. ยง1 343 .
This is an ac tion in equ i ty seeking
rel ief u n der Title 42, U . S . C . ยง1983 and Title 28, U. S . C. ยง2201 and 2 2 02 .
The rights sought to be secured in this action are
rights secured by an Act of Congress providing for equal right s and f or the protection o f civil rights, to wit, Title 42,
U. ~ .C
ยง2000d (Sec tion 601 o f Titl e VI of the Ci vil Rights Act o f 1964) . 2.
This i s a proceeding for a dec laration tha t
defe ndants have carri ed on and are continuing t o carry on a raciall y
di~ cri minatory
public housing sys tem within the
15.
City o f Chicago , Illinoi s, in violation of Title 42, U. S . C . ยง2000d , for a permanent injunction enjoini ng defendants from carrying on the r acially discriminatory aspects of such public h ousing system in the future, and for oth er appropriat e re lief.
3 - 19 .
The allegations of parag raphs 3 through
19 of Count I of this Complaint are inc orporated herein by reference a s paragraph s 3 through 19 of th is Count II . 20.
Defendants have applied for , have received
and have empl oyed Fe deral financial
assis tanc~
in the
constructi on of and oth erwise in support of the numerous regular fami ly publ ic housing projects referred t o in paragraph 11 hereof .
Defendants have applied for and either have received
or shortly wi ll receive and will continue to receive Federal financial assis tance for the proposed construction of and otherwise in support of the Five Proposed Projects, and have applied for and recei ved assurance that they wi ll r eceive Federal fi nancial assistance for the pr oposed
constr~ction
of
and otherwise in suppo rt of the Twelve Pr oposed Projects . Defendants propose to use such assistanc e in the con s truction of and o therwis e in support of the Five Proposed Pr oj ec t s and the Twelve Propose d Projects .
16.
-21 .
--
Ry reaso n of the facts h ereinabove alleged,
a nd particularly by rea son o f t he use o f Federal financial as sistance by defend ants i n connecti o n wi th and in support o f t h eir racially dis criminatory pub li c housing system and t he ir p roposed use of such assistance for the pro posed con s truction of and otherwise in suppor t of the Five Proposed Pro j ects and the Twelve Pr o posed Pro je cts on the sites presently selected th erefor ,
~he
righ t s of plaintiffs and the
cl a ss they represent, u nder Title 42 , U. S . C ยง2000d, have been and will continue to be vi ol ated , and plaintiffs and I
t h e class they repre s ent have suffered and will continue t o suffer irreparable in jury .
Plainti ffs and the class - they
r e p r esent have no a d e qu ate remedy at law to redress the g rievances herein set fo rth . WHEREFORE, Pl aintiffs pray : (l)
That af t er a full hearing this Court declare
t ha t d efendants have been and are carrying on a ra c ially d i sc riminatory publi c housing system within the City of Chi c a g o, Illinois, and that plaintiffs and the class they r e p r esent have the ri g ht under Title 42, U. S . C . ยง2000d to e nd the employment of Federal finan cial assistance in connection with and i n supp o rt o f the racially discriminatory a spects thereof;
I
. _____.)
(2)
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That after a f u l l hear i ng this Court permane ntly
e njoin defendants fr om empl oy i ng Federal financial assistance in c arrying on and p e r petua t ing the rac ially discriminatory aspe cts of their pub lic housing sys t em within t he City o f Chic a go and from e mploying Federal fi n a ncial assistance in c ons tructing or otherwi se in support of the Five Proposed Projects and the Tw e lve Propo sed Pr o je cts on any s ites wh i c h have been selected i n a-racially d iscriminatory manner, or wh ich will have the effect of continuing and streng thening ex i s t i ng patterns of Negro resi dent ia l and school segregation in the City of Chicag o; and
(3)
-
That plai ntiffs a nd the class they represent
be g iven s uch ot her and f ur t her relie f a s the Court may dee m just a nd equitable .
COUNT III l
- 15 .
The a l legations o f paragraphs l through
15 o f Count I of this Complaint are inc orporated herein by r e f erence as parag r aphs l throug h 1 5 of this Count III .
16 .
Since
1950 substa n tia lly all of the sites
se le c t e d hy the Authorit y f o r regular f a mily public housing pr o je ct s have been i n
~egr o
k n own as the Negro Ghet to .
n eighb orh oods and within the are a s After
1949 the Autho rity s ol d and
18 .
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did not build r e gul ar family public housi ng proj e c ts upon s ite s pr eviously acquired by it in white n eig h b o r hoo d s . 17.
Each o f the sites for the Five Propo s ed Projectf'
and f or the Twelve Prop o sed
··ejects is in a Negro neighbo r hood ,
and wi t h in the are as known as the Negr o Ghe tto . 18 - 20 .
The allegations of para g raphs 18 through
2 0 o f Count I of thi s Complaint are inc o r porated herein b y re f e r e n c e as paragraphs 18 through 20 of Count II I . WHEREFORE, Plaintiffs pray : (l)
That af t er a full hearing this Court decla re 1
t ha t d e fendants have been and are carryin g on a racially discr i mina tory public housing system with in the City of Ch ic ag o, Illinois , th a t such system is in violation of t he rights of plaintiffs and the class they r epre s ent under the due pr o ces s and equa l protection clauses o f the Fourteenth Ame n dme nt to the Cons t itution of t he Un ited States, and under Ti tl e 42 U. S .C. §§1981 and 1983, and tha t plaintiffs an d t h e cl a s s they repres e n t have the righ t under sai·d Amendment and Ti tl e to have sit es for regular fami ly housing proj e cts in the City of Chicag o selected in such locations as will a llev ia te and
miti g ate~
not continue a n d strengthen, existing
pa tte r ns of Negro resi dential and scho ol segregation in the City of Chicag o ;
19 .
(2)
That a f ter a full hearing this Court permanen t ly
e n j oin defendants f rom
ca ~:y ing
on and perpetuating the
ra cially discriminat ory aspects of the i r public housing sy s t em wi th in t h e City of Chi cago) and from constructipg the Fi ve Proposed Project s and the Twelve Proposed Projects on any sites which wil l h ave the effect of continuing and streng thening existing patterns o f Neg ro residential and s c hool segre g ation in the City of Chi-cago;
(3)
That aft er a full heari ng this Court order
de fen dants to submit f o r the approval of this ,Court a c omprehensive plan for the se l ection o f future sites of de fend ant ~
1
public h ousing system whi c h would eliminate ~h e
d i sc riminatory aspect s of sUch system ) a nd retain jurisdiction u n til the same is eff ectively carried out and completed ; and
(4)
That p l aintif fs and the class they r epresent
be g iven s uch other a n d further relief as the Court may dee m jus t a nd equitable.
COUNT IV 1 - 2.
Th e a l legations of par a g raphs l and 2 of
Count II o f this Comp l aint are incorpor a ted herein by re fe re nce as paragraph s 1 and 2 of this Count IV .
20 .
,_
J
3 - 15 . 1 5 o f Coun t
The allegations of par ag raph s 3 through
I of t h i s Complaint are incorporated here i n
by r e f erence as paragraphs 3 through 1 5 of thi s Count 16 - 17 .
I V.
Th e allegations o f paragra phs 16 and 17
of Count III of t h is Complaint are inc orporated he r ein b y re f ere nce as parag raphs 16 and 17 of this Count 18 - 21 .
I V.
The allegations of pa ragraph s 18 t hrough
21 of Cou nt I I o f th is Complaint are inc orpora te d h e rei n by r e f e rence as parag r aphs 18 through 21 of this Count I V. WHEREFORE, Plaintiffs pray : (1 )
Th at after a full hearing this Court decl are
tha t d efend ant s have been and are carry ing on a racia l ly dis c r im ina tory p u b l ic ho using system with in the City of Chicag o, I l li n o i s, and th a t pl aintiffs and the c l as s t he y re p re s ent have the r ight u nd e r Title 42, U.S . C. ยง2000 d t o end t he emplo yment o f Federal financial assista nce in c on ne ct i o n with and in suppor t o f t he discriminatory aspe cts thereof; (2)
That after a full heating this Court permane n t l y
en jo i n defendant s fro m employing Federal fina nci al a s sistanc e in c a rryi ng on and perpetuating the rac ially d i scriminato ry aspe ct s of t heir pub l ic housing system with in the Ci t y o f Ch ic ag o and f rom emp loy ing Federal fina ncial assi s t a nc e in
21.
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-c onstructing or otherwise in support of the Flve P ro posed Projec t s a nd the Twelve Propo s e d Projects on any sites v.:hi ch wi ll have the effect of continuing and streng thening existing patterns of Negro residential and scho ol seg regati on in the City of Chicag o ; and
(3)
That plaint iffs and the class they represent
be g iven such other and further relief as the Court may deem jus t and equitable. Alexa nd er Polikof f Ch arles R . Mar kels Be rnard ltJeisberg ' Milton I . Shadur Merrill A. Freed I By __~----~--~~~77------------fulexander Poliko f f ~ ttor neys for Plaintif f 231 South LaSa lle Street Ch i cag o, Illin o is 60604 CEntral 6 -4500 Charles R . Mar k e ls 120 South LaSa lle Street Chic a g o, Illinois ST 2 - 3680 Bernard Weisbe rg 111 West Jackson ~~ u levar d Chicago, Illino is HA 7-9250
22.
....
Mi lt o n I . Shadu r 2 08 South LaSal l e Street Chicago, Il l i n ois AN 3 - 370 0 Me rrill A. Freed 33 North LaSa ll e S t reet Chicago, I l linois RA 6 - 9 02 0
) 23 .