Browder v. Gayle
Browder v. Gayle was a court case heard before a three-judge panel of the United States District Court for the Middle District of Alabama on Montgomery and Alabama state bus segregation laws. The panel consisted of Middle District of Alabama Judge
Frank Minis Johnson, Northern District of Alabama Judge
Seybourn Harris Lynne, and the fifth Circuit Court of Appeals Judge
Richard Rives. On June 5, 1956, the District Court Ruled 2–1, with Lynne dissenting, that bus segregation is unconstitutional under the
Equal Protection Clause of the
Fourteenth Amendment to the United States Constitution to the U.S. Constitution. Later the state and city would appeal the decision, which later went to the Supreme Court on November 13, 1956. A motion of clarification and the rehearing of the case was later declined on December 17, 1956. Shortly after the beginning of the Montgomery Bus Boycott in December 1955, many black community leaders were discussing whether they would file a federal lawsuit to try to challenge the City of Montgomery and Alabama about the bus segregation laws. About two months after the bus boycott began, civil rights activists reconsidered the case of
Claudette Colvin. She was a 15-year-old who had been the first person arrested in 1955 for refusing to give up her seat on a Montgomery bus, nine months prior to Rosa Parks's actions. Fred Gray,
E. D. Nixon, president of the NAACP and secretary of the new
Montgomery Improvement Association: and
Clifford Durr (a white lawyer who, with his wife,
Virginia Foster Durr was an activist in the Civil Rights Movement) searched for the ideal case law to challenge the constitutional legitimacy of the Montgomery and Alabama bus segregation laws. Gray later did research for the lawsuit and consulted with NAACP Legal Defense Fund attorneys
Robert L. Carter and
Thurgood Marshall (who would late become United States Solicitor General and the first African-American United States Supreme Court Justice). Gray later approached Claudette Colvin,
Aurelia Browder,
Susie McDonald,
Mary Louise Smith, and
Jeanetta Reese, all women who had been discriminated against by the drivers enforcing segregation policy in the Montgomery bus system. They all agreed to become plaintiffs in the federal lawsuit (except Jeanetta Reese due to intimidation by the members of the white community), thus bypassing the Alabama court system. Jeanetta Reese later falsely claimed she did not agree to the lawsuit which made the lawsuit an unsuccessful attempt to disbar Gray for supposedly improperly representing her. On many occasions, Gray stated that he selected Aurelia Browder to be the case's lead defendant because he was convinced that she could carry this responsibility, stating things such as “I chose her because she was a matured person, and I thought she would make an excellent first witness if I needed to put someone on (the witness stand)." ==Tuskegee experiment lawsuit==