L. Clifford Davis filed a
class action lawsuit on behalf of Floyd Moody, Charles Moody, and Nathaniel Jackson in
federal court on October 7, 1955. The MISD, the superintendent, and members of the school board were named as defendants, with Joseph Estes the presiding judge. Davis and the plaintiffs sought participation from other black students who commuted to Fort Worth for high school, but parents feared that it would lead to reprisals from the white community. Davis argued for the plaintiffs that the rulings in
Brown and
Brown II (and
McKinney v. Blankenship (1955) before the
Texas Supreme Court) were definitive, making the exclusion of the black students illegal.
Tiny Gooch argued for the defense that public opinion was too set against desegregation and that they would need time for white residents to support the move. Estes found in favor of the MISD. He accepted their argument that desegregation wasn't practicable and also felt that the plaintiffs had not constructed a class because most of the applicable black students had declined to participate. Davis, as well as Tate and Marshall of the NAACP, had expected the loss and primarily fashioned their argument for the appeals process. On June 28, 1956,
Joseph Chappell Hutcheson of the
U.S. Fifth Circuit Court of Appeals reversed Estes's judgement. He concluded that while the implementation could proceed in one of multiple ways, the school had to offer a reasonable timeline for desegregation. The case was remanded to Estes to provide further instructions to the parties on August 17. On August 25, Estes decreed that the plaintiffs and all other members of their school-year had the right to attend Mansfield High School and that the defendants were "forever restrained from refusing admission to[...]any of the plaintiffs shown to be qualified in all respects for admission." After the judgement from the Fifth Circuit, Gooch filed a petition for a
stay of proceedings in late August. Supreme Court Justice
Hugo Black denied the stay request on September 4. The black community faced retaliation from the white community. After the appeals process found in favor of integration, Floyd Moody's father J.E. was evicted for his involvement. The MISD also separately cancelled a standing agreement T.M. Moody had to use the
well water on the MCS property. In Mansfield's black neighborhood,
burning crosses were used to intimate residents on August 22 and 23. An armed posse of the black community protected T.M. Moody after the police declined to, fearing that he would be assassinated. At a meeting of black parents, they initially decided that all but one of the 12 students then commuting to Fort Worth would attempt to enroll at Mansfield High School. == Texas rejection of court order ==