Frank J. Battisti
Encyclopedia
Frank James Battisti was an American
jurist who served as the 21st district judge for the Northern District of Ohio
, between 1961 and 1990. He spent 22 of his 31 years on the District Court as chief judge, replacing Judge Girard E. Kalbfleisch on August 4, 1969.
Judge Battisti's career featured groundbreaking—and sometimes controversial—rulings, notably his finding in 1976 that the Cleveland public school system was guilty of racial segregation
. Two years earlier, in 1974, he dismissed a case against eight members of the Ohio Army National Guard
accused of violating the civil rights of four Kent State University
students who were shot dead in 1970
. In the 1980s, he presided over a high-profile case involving Cleveland
autoworker John Demjanjuk
, who was deported amid charges that he committed war crimes in Nazi
-occupied Eastern Europe.
During his decades as a jurist, Judge Battisti was honored by various professional and civic organizations, but he was also a target of criticism.
district of Youngstown, Ohio
, a steel-production center near the Pennsylvania
border. After graduating from Youngstown's East High School
, Battisti served as an army combat engineer in the U.S. Army during World War II
. He was later commissioned as an officer in military intelligence
. Upon his return from Europe
, he studied law at Ohio State University
and Harvard Law School
.
Battisti was a civilian attorney for the Army between 1951 and 1952, taught law at Youngstown State University
from 1952 to 1954, and was assistant city law director of Youngstown between 1954 and 1958. Battisti maintained a private practice between 1952 and 1958. He served as a judge on the Mahoning County Court of Common Pleas
between 1959 and 1961. Then, on September 22, 1961, President John F. Kennedy
appointed him as a district judge of the Northern District of Ohio. He was, at 39 years of age, the youngest federal judge
in the country. Battisti became chief judge on August 3, 1969.
at Kent State University on May 4, 1970. As his obituary in The New York Times stated, "The Kent State case came to an abrupt halt when [Judge Battisti] dismissed it on the ground that Government prosecutors had failed to prove 'beyond a reasonable doubt' that guardsmen had willfully intended to deprive the students of their rights".
He is primarily remembered, however, for his historic ruling in Reed v. Rhodes, which found that the Cleveland school district had violated the law by practicing racial segregation. The 1976 ruling came three years after the filing of a class action in the U.S. District Court. Judge Battisti's comprehensive order for desegregation
featured 14 components, including a provision reassigning students to achieve integration. This component precipitated an outcry among local opponents of "court-ordered busing." While Judge Battisti was lauded by supporters for what they termed as his courage and fortitude, he faced criticism from the Cleveland Board of Education and segments of the larger community. His landmark ruling in the Cleveland desegregation case later prompted fellow Youngstown native Judge Nathaniel R. Jones
, of the 6th U.S. Circuit Court of Appeals, to characterize Judge Battisti as "an unlikely hero" of the civil rights movement. Judge Jones said, "He withstood much of the hostility and acrimony, bitterness and ostracism of the community in order to be true to his oath and the Constitution
". Even critics of the ruling were disinclined to question Judge Battisti's motives. Colleagues described him as a deeply religious man whose abhorrence of racial injustice was profound and sincere.
In the decade of the 1980s, Judge Battisti found himself, once again, at the center of controversy. In 1986, he ordered the deportation to Israel
of Ukrainian immigrant John Demjanjuk, whose conviction on charges of war crimes was later overturned by an Israeli court. The case, which garnered national and international media attention, proved to be an unusually protracted one. An obituary noted that, upon Judge Battisti's death, "scores of cases remained on his docket, including a rehearing of the Demjanjuk case ordered by the United States Supreme Court". The controversial Demjanjuk case unfolded in the wake of a widely publicized dispute involving Judge Battisti and nine members of the 11-member court in Cleveland who contended that the judge had assumed too much power in decision-making. "The nine had set up a system in which the majority decided court policy in May 1985", an obituary reported, "but Judge Battisti conceded that he ignored it on the ground that 'the chief judge must make the decisions'". In September 1985, a panel of Federal appellate judges determined that Judge Battisti "had indeed assumed too much power and ordered him to share it with his peers".
protection. Gloria Battisti died at the age of 84 on January 18 (Martin Luther King, Jr. Day), 2010.
. In 1974, he was honored with a plaque by B'nai B'rith
for his commitment to civil rights. The Association of Trial Lawyers of America named him as the country's outstanding trial judge in 1978. Nevertheless, during the following year, in 1979, U.S. Representative John Ashbrook engaged in an unsuccessful bid to have Judge Battisti impeached.
Judge Battisti stepped down as chief judge of the Northern District of Ohio, on January 15, 1990 (Martin Luther King, Jr. Day). His death, which occurred on October 19, 1994, received coverage in the regional and national media. Faye Kaufman, Judge Battisti's secretary at the U.S. District Court of Northern Ohio, reported that he died as a result of typhus
and Rocky Mountain spotted fever
. Upon his passing, his service was officially terminated. Judge Battisti's legacy was praised by Daniel McMullen, former director of the Office on School Monitoring and Community Relations, the federal court's watchdog of the Cleveland schools' desegregation effort. "Battisti believed and stood for something much larger than the minutiae of constitutional doctrine", McMullen said. "He possessed the intellect to understand the sweep of history".
Judge Battisti's remains were interred at Cleveland's Calvary Cemetery
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist who served as the 21st district judge for the Northern District of Ohio
United States District Court for the Northern District of Ohio
The U.S. District Court for the Northern District of Ohio is the federal trial court for the northern half of Ohio...
, between 1961 and 1990. He spent 22 of his 31 years on the District Court as chief judge, replacing Judge Girard E. Kalbfleisch on August 4, 1969.
Judge Battisti's career featured groundbreaking—and sometimes controversial—rulings, notably his finding in 1976 that the Cleveland public school system was guilty of racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
. Two years earlier, in 1974, he dismissed a case against eight members of the Ohio Army National Guard
Ohio Army National Guard
The Ohio Army National Guard is a part of the United States National Guard and a reserve component of the United States Army. It is also a component of the organized militia of the state of Ohio, which also includes the Ohio Naval Militia, the Ohio Military Reserve and the Ohio Air National Guard...
accused of violating the civil rights of four Kent State University
Kent State University
Kent State University is a public research university located in Kent, Ohio, United States. The university has eight campuses around the northeast Ohio region with the main campus in Kent being the largest...
students who were shot dead in 1970
Kent State shootings
The Kent State shootings—also known as the May 4 massacre or the Kent State massacre—occurred at Kent State University in the city of Kent, Ohio, and involved the shooting of unarmed college students by members of the Ohio National Guard on Monday, May 4, 1970...
. In the 1980s, he presided over a high-profile case involving Cleveland
Cleveland, Ohio
Cleveland is a city in the U.S. state of Ohio and is the county seat of Cuyahoga County, the most populous county in the state. The city is located in northeastern Ohio on the southern shore of Lake Erie, approximately west of the Pennsylvania border...
autoworker John Demjanjuk
John Demjanjuk
John Demjanjuk is a retired Ukrainian-American auto worker who gained notoriety after being accused numerous times of Holocaust-related war crimes....
, who was deported amid charges that he committed war crimes in Nazi
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
-occupied Eastern Europe.
During his decades as a jurist, Judge Battisti was honored by various professional and civic organizations, but he was also a target of criticism.
Early years
He was born to Eugene and Jennie (Dalesandro) Battisti, in the HazeltonHazelton (Youngstown, Ohio)
Hazelton is a neighborhood in Youngstown, Ohio, that is located on the city's east side. It is bordered by the cities of Struthers and Campbell. In the early 20th century, the district was alternately referred to as "the East End"....
district of Youngstown, Ohio
Youngstown, Ohio
Youngstown is a city in the U.S. state of Ohio and the county seat of Mahoning County; it also extends into Trumbull County. The municipality is situated on the Mahoning River, approximately southeast of Cleveland and northwest of Pittsburgh, Pennsylvania...
, a steel-production center near the Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
border. After graduating from Youngstown's East High School
East High School (Youngstown, Ohio)
East High School is a public high school in the city of Youngstown, Ohio, United States. It had its first school year in fall 2007 since 1998, when a previous incarnation of the school closed. The original school was open from 1925 to 1998 when it was converted to a middle school and closed...
, Battisti served as an army combat engineer in the U.S. Army during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. He was later commissioned as an officer in military intelligence
Military intelligence
Military intelligence is a military discipline that exploits a number of information collection and analysis approaches to provide guidance and direction to commanders in support of their decisions....
. Upon his return from Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, he studied law at Ohio State University
Ohio State University
The Ohio State University, commonly referred to as Ohio State, is a public research university located in Columbus, Ohio. It was originally founded in 1870 as a land-grant university and is currently the third largest university campus in the United States...
and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
Battisti was a civilian attorney for the Army between 1951 and 1952, taught law at Youngstown State University
Youngstown State University
Youngstown State University, founded in 1908, is an urban research university located in Youngstown, Ohio, United States. As of fall 2010, there were 15,194 students and a student-faculty ratio of 19:1. It is recognized as being one of the premier schools in the country, comparable to Ivy League...
from 1952 to 1954, and was assistant city law director of Youngstown between 1954 and 1958. Battisti maintained a private practice between 1952 and 1958. He served as a judge on the Mahoning County Court of Common Pleas
Ohio Courts of Common Pleas
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section...
between 1959 and 1961. Then, on September 22, 1961, President John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
appointed him as a district judge of the Northern District of Ohio. He was, at 39 years of age, the youngest federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
in the country. Battisti became chief judge on August 3, 1969.
Judicial controversies
On the bench, Judge Battisti earned a reputation as a jurist who was willing to take on the most controversial cases. Some of his rulings generated heated debate, including his acquittal of eight former Ohio National Guardsmen implicated in the shooting deaths of four studentsKent State shootings
The Kent State shootings—also known as the May 4 massacre or the Kent State massacre—occurred at Kent State University in the city of Kent, Ohio, and involved the shooting of unarmed college students by members of the Ohio National Guard on Monday, May 4, 1970...
at Kent State University on May 4, 1970. As his obituary in The New York Times stated, "The Kent State case came to an abrupt halt when [Judge Battisti] dismissed it on the ground that Government prosecutors had failed to prove 'beyond a reasonable doubt' that guardsmen had willfully intended to deprive the students of their rights".
He is primarily remembered, however, for his historic ruling in Reed v. Rhodes, which found that the Cleveland school district had violated the law by practicing racial segregation. The 1976 ruling came three years after the filing of a class action in the U.S. District Court. Judge Battisti's comprehensive order for desegregation
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
featured 14 components, including a provision reassigning students to achieve integration. This component precipitated an outcry among local opponents of "court-ordered busing." While Judge Battisti was lauded by supporters for what they termed as his courage and fortitude, he faced criticism from the Cleveland Board of Education and segments of the larger community. His landmark ruling in the Cleveland desegregation case later prompted fellow Youngstown native Judge Nathaniel R. Jones
Nathaniel R. Jones
Judge Nathaniel R. Jones has served as a lawyer, jurist, academic, and public servant. He was a judge on the U.S. Court of Appeals for the Sixth Circuit before his retirement in March 2002...
, of the 6th U.S. Circuit Court of Appeals, to characterize Judge Battisti as "an unlikely hero" of the civil rights movement. Judge Jones said, "He withstood much of the hostility and acrimony, bitterness and ostracism of the community in order to be true to his oath and the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
". Even critics of the ruling were disinclined to question Judge Battisti's motives. Colleagues described him as a deeply religious man whose abhorrence of racial injustice was profound and sincere.
In the decade of the 1980s, Judge Battisti found himself, once again, at the center of controversy. In 1986, he ordered the deportation to Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
of Ukrainian immigrant John Demjanjuk, whose conviction on charges of war crimes was later overturned by an Israeli court. The case, which garnered national and international media attention, proved to be an unusually protracted one. An obituary noted that, upon Judge Battisti's death, "scores of cases remained on his docket, including a rehearing of the Demjanjuk case ordered by the United States Supreme Court". The controversial Demjanjuk case unfolded in the wake of a widely publicized dispute involving Judge Battisti and nine members of the 11-member court in Cleveland who contended that the judge had assumed too much power in decision-making. "The nine had set up a system in which the majority decided court policy in May 1985", an obituary reported, "but Judge Battisti conceded that he ignored it on the ground that 'the chief judge must make the decisions'". In September 1985, a panel of Federal appellate judges determined that Judge Battisti "had indeed assumed too much power and ordered him to share it with his peers".
Personal life
Judge Battisti was married to Gloria Joy Karpinski on August 10, 1963. The couple had no children. Gloria Battisti later recalled that, in the aftermath of the Cleveland decision, the couple received death threats and required FBIFederal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
protection. Gloria Battisti died at the age of 84 on January 18 (Martin Luther King, Jr. Day), 2010.
Later years and legacy
During his lifetime, Judge Battisti received many honors for his judicial service. In 1972, he was elected president of the United States Sixth District Judges Association; and the following year, he received an honorary doctor of law degree from St. Francis College, in Loretto, PennsylvaniaLoretto, Pennsylvania
Loretto is a borough in Cambria County, Pennsylvania, United States. It is officially part of the Johnstown, Pennsylvania Metropolitan Statistical Area as recognized by the US Census Bureau, but local sources list it as part of the Altoona, Pennsylvania area due to its proximity to...
. In 1974, he was honored with a plaque by B'nai B'rith
B'nai B'rith
B'nai B'rith International |Covenant]]" is the oldest continually operating Jewish service organization in the world. It was initially founded as the Independent Order of B'nai B'rith in New York City, on , 1843, by Henry Jones and 11 others....
for his commitment to civil rights. The Association of Trial Lawyers of America named him as the country's outstanding trial judge in 1978. Nevertheless, during the following year, in 1979, U.S. Representative John Ashbrook engaged in an unsuccessful bid to have Judge Battisti impeached.
Judge Battisti stepped down as chief judge of the Northern District of Ohio, on January 15, 1990 (Martin Luther King, Jr. Day). His death, which occurred on October 19, 1994, received coverage in the regional and national media. Faye Kaufman, Judge Battisti's secretary at the U.S. District Court of Northern Ohio, reported that he died as a result of typhus
Typhus
Epidemic typhus is a form of typhus so named because the disease often causes epidemics following wars and natural disasters...
and Rocky Mountain spotted fever
Rocky Mountain spotted fever
Rocky Mountain spotted fever is the most lethal and most frequently reported rickettsial illness in the United States. It has been diagnosed throughout the Americas. Some synonyms for Rocky Mountain spotted fever in other countries include “tick typhus,” “Tobia fever” , “São Paulo fever” or “febre...
. Upon his passing, his service was officially terminated. Judge Battisti's legacy was praised by Daniel McMullen, former director of the Office on School Monitoring and Community Relations, the federal court's watchdog of the Cleveland schools' desegregation effort. "Battisti believed and stood for something much larger than the minutiae of constitutional doctrine", McMullen said. "He possessed the intellect to understand the sweep of history".
Judge Battisti's remains were interred at Cleveland's Calvary Cemetery
Calvary Cemetery (Cleveland, Ohio)
Calvary Cemetery is the largest Roman Catholic cemetery in Cleveland, and one of the largest in Ohio. It is operated by the Catholic Cemeteries Association and was dedicated on November 26, 1893. The original purchase of land was approximately . There are now over 305,000 interments and the...
.