In December 1945, Judge Clarke dismissed the suit of eight white property owners who tried to force fifty African-American occupants (250 residents) from the West Adams area in Los Angeles. Plaintiffs contended that the defendants had violated property restrictions against blacks. The defendants, who included actress Hattie McDaniel and singer Ethel Waters, replied that the original subdivision restrictions had expired and that more than half of the area was then owned by black people. Clark decided that no testimony would be taken in the case, and he wrote that "it is time that members of the Negro race are accorded, without reservations and evasions, the full rights guaranteed to them" under the Federal Constitution.[3][4]
Clarke’s ruling made him “the first judge in America to use the 14th Amendment to disallow the enforcement of covenant race restrictions. The decision ... set an important precedent for future suits concerning racial covenants."[5]
His sentencing practices were criticized as unorthodox and lenient by other judges, such as his predecessor Chief Judge Peirson Hall.[6]
Personal life
Thurmond Clarke was the son of Judge Robert M. Clarke. After divorcing in 1937, he married again in 1944 to Athalie Richardson Irvine, who was his high school classmate.[6] He was father to Frances and stepfather to Joan Irvine Smith.[7]