Marsh v. Board of Educ. of City of Flint

MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

“Again and again Federal judges have spoken out, above a popular din or a Klansman’s roar, as protectors of constitutional rights.” 1

I FACTS

A glorious new era dawned in the history of the American federal courts on February 20, 1961. On that date the Supreme Court rendered its decision in Monroe v. Pape, 2 and thus raised up the sleeping Lazarus of 42 U.S.C. § 1983.

Monroe lit up the darkness that all too often descends when government power goes unchecked by the judiciary. Monroe signalled that individuals in America — by virtue of section…