Ty IN THE UNITED STATES DISTRICT COURT FOR (• THE SOUTHERN DISTRICT OF MISSISSIPPI ! JACKSON DIVISION SOUTHERN DISTRICT UF MISSBSIPH FILED COUNCIL OF FEDERATED ORGANIZATIONS; MRS. RITA SCrT/ERNER, and MRS. FANNIE LEE JUL 10 1964 CHANEY, individually and on behalf of Loryce E. Wharton, Clerk MICHAEL SCrTJERMER and JAMES CHANEY; By Deputy) MRS. FANNIE LOU HAMER, MRS. PEGGY JEAIT. CON­ NOR, . MRS. MARY ROBINSON and JOHN. '. GOULD, SR» j individually and on behalf of others similarly situated; ROBERT P. M03SS, R. HUNTER MOREY, RUTH SCHEIN and DORIE LADNER, individually and on behalf of others similarly situated; the REV. R. BDJIN KING, individually and on behalf of others similarly situated; NATHAN HAUSFATHER, EDITH HAUSFATHER, GLENN TRIMBLE and ELEANOR TRIMBLE, individually and on behalf of others similarly situated, Plaintiffs, JACKSON DIVISION CIVIL ACTION NO. i£Jl^)(h)\ versus L. C RAINEY and CECIL PRICE, indivi­ dually and as Sheriff and Deputy Sheriff of Neshoba County, Mississippi, and as representative of the Sheriffs and Deputy Sheriffs of the 82 Counties of Mississippi; T. B. 3IRDS0NG, individually and as Com­ missioner of Public Safety in charge of the Mississippi State Highway Patrol, and as representative of the members of the Mississippi State Highway Patrol; KU KLUX KLAN, an association xtfith members in the State of Mississippi; AMERICANS FOR THE PRESERVATION OF THE /KITE RACE, an association with members in the State of Mississippi; 7HITE CITIZENS COUNCILS OF MISSISSIPPI, an association with mem­ bers in the State of Mississippi; JOHN DOE and RICHARD ROE, and others whose identity is presently to the plaintiffs unknown, members of state and local law enforcement agencies in Mississippi, and members of KU KLUX KLAN and/or AMERICANS FOR THE PRESERVATION OF THE WHITE RACE, and/or WHITE CITIZENS COUNCILS OF MISSISSIPPI, and JOHN SMITH and PAUL JONES, and others whose identity is presently to the plaintiffs unknown, private irtiite citizens of the State of Mississippi. Defendants. COMPLAINT Plaintiffs, for their verified complaint, say: — —. PARTIES A* Plaintiffs: 1. Plaintiff. COUNCIL OF FEDERATED ORGANIZATIONS, hereinafter referred to as "COFO," is a coordinated organization of all civil- rights organizations in the State of Mississippi. It is dedicated to the achievement, through lawful and constitutional means, of the freedom and equality of Negro citizens of the State of Mississippi guaranteed to them by the Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution of the United States. Plaintiff COFO sues for itself and on behalf of all of its constituent affili­ ates and cooperating organizations and on behalf of all citizens of the United States, Negro and white, in the State of Mississippi who are endeavoring to assist in its program of activities designed to achieve the full rights of American citizenship for the Negro citizens of Mississippi, including the right to vote and to parti­ cipate equally in the processes of political democracy guaranteed to them by the Constitution of the United States. 2. Plaintiff MRS. RITA SCHWERNER is a citizen of the United States. Plaintiff MRS. FANNIE LEE CHANEY is a citizen of the United States. MRS. SCH/ERNER sues individually and on behalf of her husband, MICHAEL SCHWERNER, and MRS. CHANEY sues individually and on behalf of her son, JAMBS CHANEY, both citizens of the United States, and presently unable to assert their rights under the Con­ stitution of the United States by reason of the wrongful actions of the defendants, or some of them, acting in unlaxirful conspiracy with each other and other persons presently to the plaintiffs unknown,, 3. MRS. FANNIE LOU HAMER, MRS. PEGGY JEAN CONNOR, MRS. MARY ROBINSON, and JOHN GOULD, SR. are citizens of the United States and residents of the State of Mississippi. Plaintiff Hamer resides in SunfloTtfer County, Mississippi; plaintiff Connor resides in Forrest County, Mississippi; plaintiff Robinson resides in Madison County, Mississippi; plaintiff Gould resides in Forrest County, Mississippi. They are members of the Negro race. They sue individually and on behalf of all Negro citizens of the State of Mississippi, which class is too numerous to bring before the Court. *K Plaintiff ROBERT P. MOSES, R. HUNTER MOREY, RUTH SCKEIN and DORIE LADIIER are citizens of the United States. Plaintiff Moses and plaintiff Ladner are members of the Negro race and plaintiff -2- Moray and plaintiff Schein are white. Plaintiff Moses is a resident of the State of Mississippi and is program director for plaintiff COFO. He is director of the Summer Project of plaintiff COFO. Plaintiffs Moses, Morey, Schein and Ladner are staff and volunteer xvorkers, approximately 1,000 in number, participating in the lawful, constitutional activities of the Mississippi Summer Froject of plain­ tiff COFO* They have volunteered to assist, through lawful and constitutional means* the efforts of the Negro citizens of the State of Mississippi to achieve equality, freedom and the right to vote, which rights are guaranteed by the Constitution of the United States and presently denied to the Negro citizens of that state by the authorities of the state in open defiance of the Constitution of the United States and the lax; of the land. Plaintiffs Moses, Morey, Schein and Ladner sue individually and on behalf of all other staff and volunteer workers, Negro and xvhite, similarly situated throughout the State of Mississippi, xirhich class is too numerous to bring before the Court. 5. Plaintiff REVEREND R. EDWIN KING is a citizen of the United States and a resident of the State of Mississippi. He is a x/hite citizen and is actively concerned with assisting the efforts of the Negro citizens of this state to achieve freedom, equality and the right to vote. He sues individually and on behalf of all other white citizens of Mississippi similarly situated. 6. NATHAN HAUSFATHER, EDITH HAUSFATHER, GLENN TRIMBLE and ELEANOR TRIMBLE are citizens of the United States. They are parents of young staff and volunteer workers presently assisting in the lax/ful and constitutional activities of the Mississippi Summer Proj­ ect of plaintiff COFO. They sue individually and on behalf of all other parents of such volunteer and staff xiorkers similarly situated. B. Defendants: 7. Defendant L. C. RAINEY is the Sheriff of Neshoba County, Mississippi. He is a citizen of the United States and a resident of Philadelphia, Mississippi. Defendant CECIL PRICE is the Deputy Sheriff of Neshoba County, Mississippi. He is a citizen of the United States and a resident of Philadelphia, Mississippi. They are sued individually and as representative of each and every one of the sheriffs and deputy sheriffs of the 82 counties of the State -3- of Mississippio This class is too numerous to bring them all before the Court„ 80 Defendant T. 3, BIRDSONG is the Commissioner of Public Safety of the State of Mississippi and in charge of the Mississippi State Highway Patrol. He is a citizen of the United States and a resident of the State of Mississippi. He is sued individually and as representative of all of the members of the Mississippi State Highway Patrol, which class is too numerous to bring before the Court. 9. Defendant KU KLUX KLAN is an association vrlth members in Neshoba County, Mississippi, Lauderdale County, Mississippi and, on information and belief, in each of the 82 counties of the State of Mississippi. On information and belief it is a clandestine, terroristic organization whose members are committed to the use of force, violence and terroristic acts to deter5 punish and intimidate all American citizens, Negro and white, x/ho seek to utilize constitu­ tional means to obtain equality, freedom and the right to vote for the Negro citizens of the State of Mississippi,. 10. Defendant AMERICANS FOR THE PRESERVATION OF THE WHITS RACE is an association xirith members in Neshoba County, Mississippi, Lauderdale County9 Mississippi, and, on information and belief, xtfith members in many of the 82 counties of the State of Mississippi. On information and belief it is a clandestine, terroristic organization Xirhose members are committed to the use of force, violence and ter­ roristic acts to deter;, punish and intimidate all American citizens, Negro and white, who seek to utilize constitutional means to obtain equality, freedom and the right to vote for the Negro citizens of the State of Mississippi. 11. Defendant WHITE.3CITIZENS COUNCILS OF MISSISSIPPI is an association with members throughout the State of Mississippi. It is an organization dedicated to impeding and deterring by all means the laxtfful efforts of Negro citizens of Mississippi to achieve the federal constitutional objectives of freedom, equality and the right to vote. 12. Defendant JOHN DOE and RICHARD ROE are members of the State Police of the State of Mississippi and/or the State Highway Patrol of the State of Mississippi, and/or the Sheriff's offices of the various counties of the State of Mississippi, and/or the local police -If. forces in the towns and municipalities throughout the State of Mis­ sissippi, and/or the auxiliary police organizations and other public or quasi-public laxir enforcement organizations residing both in Neshoba and Lauderdale Counties and throughout the State of Missis­ sippi. On information and belief they are members of defendant KU KLUX KLAN and/or defendant AMERICANS FOR THE PRESERVATION OF THE WHITE RACE and/or defendant WHITE CITIZENS COUNCILS. 13* Defendants JOHN SMITH and PAUL JONES, x<rhose true names are unknown to plaintiffs^ are private x-jhite citizens of the State of Mississippi x-zho, on information and belief, are either not members of the defendants KU KLUX KLAN, AMERICANS FOR THE PRESERVATION OF THE WHITE RACE or JKITE CITIZENS COUNCILS or, if so, are not acting in such capacity, but x*rho are committed to the use of force, violence and terroristic acts to deter, punish and intimidate all American citizens, Negro and xirhite, xirho seek to utilize constitutional means to obtain equality, freedom and the right to vote for the Negro citizens of the State of Mississippi.