Bluford vs. Canada, Civil Action No. 42: Motion to Dismiss

Motion to dismiss in Civil Action No. 42: Lucile Bluford v. S.W. Canada. The defense team moves to dismiss the amended second count of the plaintiff's complaint "because the amended second count fails to state a claim against defendant upon which relief can be granted." The attorneys argue that the equal protection clause provides for "substantial equality" and not identical facilities, that state law requires racially separate facilities and provides for the establishment of new and equal programs for black citizens, and that Bluford has failed to take advantage of the provision which would establish a journalism program at Lincoln University to which she could be admitted. At the time, Bluford was the managing editor of the Kansas City Call and her effort to gain admittance to the masters degree program at MU's School of Journalism, and repeated denials due to her race, lead to a a series of lawsuits that eventually reached the Missouri Supreme Court.